So tomorrow the Federal Court of the Federation of Malaysia are to hear for Petronas application to claim for the sole ownership of oil and gas in Sarawak. Petronas would argue its ownership over Sarawak’s oil and gas by virtue of The Petroleum Development Act 1974 . Sarawak will want the courts to deem PDA 1974 unconstitutional since they are applying for Article 128 (1)(a) of the Federal constitution.
This case will also have precedence over Sabah’s oil and gas. Let me share with you a story, but supported with facts. Early this year, our chief minister announced PDA 1974 is not enforceable in Sarawak and have said would start to regulate Sarawak’s Oil mining ordinance via Petros commencing 1st July, hence the reaction and response from Petronas.
Mind you, after 1963, Sarawak has been downgraded from an equal partner , as per FC, regions within Malaysia, of the Malaysia Agreement 1963 to a mere state of Malaysia , along with Sabah.
How did it happened ?? On July 12 & 13 1976, the Parliament , under then PM Tun Hussein Onn, tabled a Bill for an amendment to Article 1(2) of the FC that ultimately was passed after all MPs, including those from Sabah Sarawak ( YES, you read it right, from Sabah sarawak ) supported the Bill. Only four MPs from the opposition opposed. So (1) we sabah sarawak was doomed by our own MPs for supporting that amendment (2) you can see the timeline, PDA passed in 1974, Petronas representing Federal govt can’t get their hands on Sabah Sarawak’s oil, so the 1976 amendment happened . In the end, boom! Sabah , and of course Sarawak oil and gas are legally owned by the Federal Govt via Petronas, and they give back 5% of the royalty back. Hahaha... You see, I voted for Pakatan as they claimed in their manifesto that they will allow for devolution of powers and rights as per the Malaysian Agreement 1963, including control over our oil and gas. But tomorrow’s court case will give us all a picture, which direction this new govt will take with Sabah Sarawak and will they honour their manifesto promise. God be with us.
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