KUALA LUMPUR, Jan 27 2026 — Sri Aman Member of Parliament Doris Sophia Brodie said Sarawak should reject the narrow interpretation that the Malaysia Agreement 1963 (MA63) does not cover oil and gas matters.
Sri Aman MP Doris Sophia Brodie says Azalina Othman Said's written response to Ali Biju is strategically incomplete when it suggests that MA63 does not cover oil and gas matters.
She said such an approach is deemed “strategically incomplete” and ignores the core of the constitutional relationship between the federation and Sarawak when responding to media queries today.
She was commenting on the written reply of Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said to a question raised by Saratok Member of Parliament Ali Biju in the Dewan Rakyat on January 26, who asked the prime minister to state the federal government’s latest stance on Sarawak’s claims relating to the Order in Council 1954 and the Territorial Seas Act 2012, as well as the extent to which the MA63 negotiations can avoid overlapping powers between Petros and Petronas.
According to Wai.fm, Doris said that the comment that MA63 does not touch on oil and gas is not just a technical issue related to regulating the industry, but rather a constitutional question regarding the limits of the federation's power over Sarawak as a founding partner of the federation.
“In my opinion, Azalina's written response to Ali Biju is strategically incomplete when it suggests that MA63 does not cover oil and gas matters.
“That neglect is the heart of the constitutional relationship between the federal and Sarawak,” she said as saying.
She said the narrow interpretation ignored the true purpose of MA63 which was never intended to list every sector, but rather to protect Sarawak's autonomy and equal status as a founding partner of Malaysia.
“Sarawak does not come from a Federal statute, but from the constitutional compact that formed this country.
“Therefore, in my view, any federal law including the Petroleum Development Act 1974 must be interpreted in line with MA63, not in a way that diminishes it,” she said.
Doris stressed that the main issue was not the existence of the Petroleum Development Act 1974, but whether it could override existing constitutional protections without the consent of the state, thus making Sarawak's claim a legally moot question.
Doris also stressed that the disregard for the Oil Mining Ordinance 1958 (OMO 1958) was unacceptable because the ordinance, she said, was a pre-Malaysian law enacted before Sarawak joined the Federation and regulated oil mining on Sarawakian land.
“We need to know that the 1958 OMO preceded the PDA and was never expressly repealed with Sarawak’s consent under MA63.
“When Sarawak relies on the 1958 OMO today, it is not against federal law, but activating the state’s retained powers,” he said.
Doris said that when the 1958 OMO was recognised, the claim that the Petroleum Development Act 1974 “solved everything” became legally moot, and that is why the matter was considered important to ignore.
He also expressed sadness when some saw Sarawak as greedy or arrogant on the resource issue, whereas Sarawak, he said, was not demanding special treatment but demanding that the 1963 promise be honoured.
“Respecting MA63 strengthens Malaysia. Ignoring it weakens the foundation of the Federation,” she asserted.
In the written response, Azalina informed that the matter was being considered in the Federal Court based on Petronas's input and official response and that the government respects the independence of the judiciary and will abide by its decision.
Azalina also stated that MA63 is a fundamental document for the formation of Malaysia but does not contain provisions relating to the ownership, management or regulation of oil and gas, in addition to stressing that the industry is determined by federal legislation, particularly the Petroleum Development Act 1974 which vests Petronas with petroleum.
She also referred to the Commercial Settlement Agreement between Petronas and Sarawak on Dec 7, 2020 which is said to pave the way for Petros to participate more actively in the oil and gas value chain.
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