Yap defends govt’s move to seek Federal Court ruling on petroleum laws, rejects PBK’s ‘gamble’ claim

KUCHING (Feb 27): The Sarawak government’s move to seek a determination from the Federal Court on the validity and scope of the Petroleum Development Act 1974 (PDA 1974) and the Continental Shelf Act 1966 (CSA 1966) is a responsible and lawful step, not a gamble as alleged, said Kota Sentosa assemblyman Wilfred Yap.

In a press statement on Frday, Yap, who is also a lawyer, was responding to Parti Bumi Kenyalang (PBK) president Voon Lee Shan’s criticism of the state government’s decision to refer constitutional questions to the apex court.

Yap, who is also Sarawak United People’s Party (SUPP) deputy treasurer, stressed that Malaysia was formed under the Malaysia Agreement 1963 (MA63), which he described as an international treaty registered with the United Nations (UN) and the legal foundation of the Federation.

“To suggest that MA63 is null and void is an extreme position unsupported by any international ruling and risks undermining Sarawak’s own constitutional safeguards,” he said in the statement.

Yap maintained that when constitutional issues arise, the proper forum to resolve them is the court, adding that seeking judicial clarification would strengthen, not weaken Sarawak’s legal standing.

“Seeking a Federal Court determination demonstrates respect for the rule of law. It does not diminish Sarawak’s bargaining power. On the contrary, it reinforces it,” he said.

He also noted that, as MA63 is an international treaty, international legal avenues, including the International Court of Justice, remain available as a last resort, subject to legal processes and state consent.

“However, responsible leadership requires that domestic constitutional remedies be exhausted first,” he added.

Yap said Gabungan Parti Sarawak (GPS), of which SUPP is a component, has consistently restored the state’s rights through firm negotiation backed by legal strength, and not through what he termed political theatrics.

“Sarawak’s future must be grounded in law and strategy, not fear-driven rhetoric or reckless speculation,” he said.

In a press statement issued on Thursday, Voon warned that the ruling GPS government’s landmark Federal Court challenge over Sarawak’s petroleum rights carries risks “as grave as the injustice it seeks to correct”.

He then proposed that the PDA74 be repealed instead to pave the way for a new petroleum framework based on partnership rather than subordination, recognising Sarawak’s ownership rights.

While Voon stopped short of opposing the legal action outright, he stressed that Sarawakians are being asked to accept enormous constitutional risk without clarity on contingency plans should the challenge fail.

On Jan 12, Petroliam Nasional Berhad (Petronas) filed a motion in Putrajaya seeking the Federal Court’s determination on the legal position applicable to its operations in Sarawak to ensure compliance with relevant laws and good governance practices.

The Sarawak government has also filed a petition in the Federal Court seeking a determination on the constitutional validity and continued applicability of several federal petroleum laws to the state.