KUCHING, Feb 24 2026: Sarawak for Sarawakians (S4S) civil rights leader Peter John Jaban has reminded the federal government that a legal action by the Sarawak government in the Federal Court is not an act of confrontation, nor is it a challenge to the Federation of Malaysia.
Peter John Jaban: Any interpretation of petroleum-related legislation must be consistent with both the letter and spirit of that agreement, as well as the Federal Constitution.
On the contrary, he said it strengthens federalism by ensuring that constitutional boundaries between state and federal powers are clearly defined, respected, and upheld according to the rule of law.
“Seeking judicial interpretation is the most responsible and mature course of action in any constitutional democracy,” he said in a statement.
He was responding to an announcement by Deputy Minister of Law, Malaysia Agreement 1963 (MA63) and State-Federal Relations Sharifah Hasidah Sayeed Aman Ghazali that the state government has filed a petition in the Federal Court on the constitutional validity and applicability of petroleum acts on Sarawak.
Peter stressed that the petition must be viewed within the broader historical framework of MA53 which forms the foundation of Sarawak’s position within Malaysia.
He said any interpretation of petroleum-related legislation must be consistent with both the letter and spirit of that agreement, as well as the Federal Constitution.
He added the safeguards and autonomy envisaged at the formation of Malaysia must not be diminished by ambiguity.
“For decades, questions surrounding the Petroleum Development Act 1974 and the role of Petroliam Nasional Berhad (Petronas) in relation to Sarawak’s oil and gas resources have remained matters of legal and public debate.
“Bringing these issues before the apex court demonstrates confidence in Malaysia’s constitutional institutions and ensures that the judiciary not political rhetoric determines the law,” he added.
Peter pointed out that Sarawakians are no longer passive, no longer uninformed.and no longer naïve about issues concerning their own rights, land and natural resources.
He said they understand their constitutional position and historical rights, adding that they demand transparency, legality, and fairness in the management of resources that rightfully belong to the state.
“Legal certainty will also bring economic clarity, as investors require stability and policymakers need clearly defined jurisdiction.
“Most importantly, the rakyat deserve assurance that revenues derived from Sarawak’s natural wealth will be managed equitably and channelled toward food security, infrastructure, education, healthcare, rural connectivity, and long-term sustainable development.
“Sarawak’s natural resources are not about politics they are about the welfare of our children, our rural communities, and our future generations,” he said.
He added that wealth generated from the state’s oil and gas must translate into tangible development and shared prosperity across Sarawak.
Peter called for unity and solidarity among Sarawakians, saying that they must stand together not in anger, but in wisdom, but in dignity to ensure the state’s resources are managed fairly, lawfully, and transparently in accordance with the Federal Constitution and MA63.
He said S4S has full confidence that the Federal Court of Malaysia will interpret the Constitution independently, fairly, and in accordance with its supreme authority.
He added the pursuit of legal clarity is not divisive, but a responsible governance.
“True unity within Malaysia must be built on fairness, mutual respect, and constitutional integrity,” Peter said.
Sharifah Hasidaah said yesterday that the state government has filed a petition in the Federal Court to determine the constitutional validity and continued applicability of the Petroleum Development Act 1974, Continental Shelf Act 1966 and Petroleum Mining Act 1966 to Sarawak.
She said these federal Acts adversely affect and deprive the rights of Sarawak to the natural resources, including oil and gas, found in the seabed of the Continental Shelf within the boundaries as extended and defined by the Sarawak (Alteration of Boundaries) Order in Council 1954 and the Sarawak (Definition of Boundaries) Order in Council 1958.
She said under MA63 and the constitutional instruments annexed thereto, the sovereign rights to the petroleum resources in the seabed within Sarawak's boundaries, were vested on Malaysia Day by the British government, in Sarawak and not in the federation or federal government.
She noted that Item 2(c) of the Ninth Schedule of the Federal Constitution vests legislative authority in the Sarawak Legislative Assembly (SLA), to regulate the exercise of such petroleum rights through issuance of mining leases and certificates and prospecting licenses.
She added that the Continental Shelf Act, 1966 and the Petroleum Mining Act, 1966 were originally applicable to the States of Malaya, but extended to Sarawak by way of an Ordinance passed after the Proclamation of Emergency 1969.
“That Emergency was annulled by both Houses of Parliament in December 2011,” she said, adding that “therefore, by June 2012, these two (2) laws should no longer apply to Sarawak by reason of Article 150(7) of the federal Constitution”.
She noted that Petronas had on January 10 2026 filed an application to seek leave to apply to the Federal Court to challenge the validity of several state laws purportedly to seek judicial clarity on these laws which regulate Petronas' petroleum operations, business and other activities in Sarawak.
The application is scheduled for hearing by the Federal Court on March 16, 2026.
Sharifah Haisdah said the Sarawak government will be objecting to application which does not fall within the Federal Court's exclusive original jurisdiction under Article 128(1)(a) of the Federal Constitution.
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