KUCHING, Oct 15 2025: Puncak Borneo Member of Parliament Datuk Willie Mongin has suggested that the establishment of the Federation of Malaysia be taken to the International Court of Justice (ICJ) and United Nations (UN) to determine its validity because of the failure to fulfill and fully implemented the Malaysia Agreement 1963 (MA63).
He said the failure means that MA63 has been violated, tarnished and not respected by the leadership of Malaya and the statutory bodies of the federation for the past 62 years.
Willie also called for a referendum on the implementation of MA63 be held in Sabah and Sarawak for the sake of justice for the two Borneo states.
"Sabah and Sarawak must be given true justice, MA63 must be fulfilled according to the supremacy of the constitution and the law," he said during the debate on the Supply Bill 2026 in Parliament today.
“Because we all love this country, but do not use our love to deny our rights,” he said.
He also emphasised that balanced development between Peninsular Malaysia and the two Borneo states must be a national priority.
He said issues of basic infrastructures such as roads, clean water supply, electricity and internet in Sabah and Sarawak are still far from being fulfilled.
“Therefore, the implementation of MA63 needs to be translated into concrete actions and not just promises,” he said, adding that the rights of Sabah and Sarawak cannot continue to be tarnished by false promises of the Malayan leadership.
“Sabah and Sarawak's position on oil and gas rights is dignified and enshrined in the Federal Constitution,” Willie stressed.
He also reminded that the strength of the Malaysian nation lies in its foundation as a federation of equal partners, saying that this foundation is now being tested when the laws enshrined in the Constitution, which have been the basis for Sarawak's accession to Malaysia, have been deliberately and systematically disregarded by Petroliam Nasional Berhad (Petronas).
He said that the root of this issue lies in the jurisdiction over Sarawak's resources, saying that its control over its land and resources was established through the Oil Mining Ordinance 1958 (OMO 1958) and the Land Code 1958.
“This is a law that predates the establishment of Malaysia and is enshrined under the terms of Sarawak's accession to the federation.
“The OMO 1958 gives the state absolute authority to issue licenses and leases for petroleum exploration and production.
“The subsequent federal law, namely the Petroleum Development Act 1974 (PDA 1974), had no constitutional power to abrogate these enshrined state rights,” he added, pointed out that Petronas, as an oil and gas company, was therefore legally bound to obtain all licences and permits from the Sarawak government under the OMO 1958 before it could prospect, explore or extract resources within the state’s boundaries.
“Petronas’ position as a national trustee does not give it immunity from the laws of the sovereign states within the federation,” Willie stressed.
He also said that Sarawak never intended to “kill” Petronas but “we want to join hands and move forward together.
“Is it excessive to demand our rights based on our laws and constitution?” he asked.
The MP argued that by the Borneo States [Legislative Powers] Order, 1963, Sarawak’s legislative powers were extended to include the fields of electricity and gas distribution.
He said this is in line with the recommendations in the Inter-Governmental Committee (IGC) Report 1962, particularly in Article 11 (c) in Annex A, which states that legislative powers relating to electricity and gas charging should be devolved to Sarawak and Sabah.
“For this reason, Petronas must comply with and respect the constitution and MA63,” he said.
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