KUCHING, Feb 24 2026: Parti Pesaka Bumiputera Bersatu (PBB) Youth wing has maintained that standing up for constitutional rights should not be misconstrued.
It said Sarawak will not be intimidated in defending what is lawfully ours.
“Seeking clarity through the courts should not and must not negate the importance of dialogue, cooperation and mutual respect within the federation,” PBB Youth said when commenting on a decision of the state government to file a petition in the Federal Court to determine the constitutional validity and applicability of several federal laws that affect Sarawak’s rights to its natural resources.
It stressed that Sarawak has consistently maintained that the management and regulation of its natural resources must be exercised in accordance with the constitutional arrangements upon
which Malaysia was formed, including the Malaysia Agreement 1963 and the
safeguards embodied in the Federal Constitution.
“It must therefore be clearly understood that Sarawak’s position is neither arbitrary nor emotional.
“Our arguments are firm, legally grounded and deeply rooted in the constitutional framework that has established the federation.
“Amid certain narratives emerging from Malaya suggesting that Sarawak is acting out of self-interest, this petition demonstrates the opposite.,” PBB Youth stressed.
It also said that Sarawak is pursuing the proper legal avenue to state its position and seek authoritative determination from the court.
Deputy Minister of Law, MA63 and State-Federal Relations Sharifah Hasidah Sayeed Aman Ghazali 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 Hasidah 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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