KUCHING, Feb 26 2026: Parti Bumi Kenyalang (PBK) president Voon Lee Shan suggested that the state government is taking a high risk gamble in filing a petition in the Federal Court questioning the constitutional validity and applicability of the three federal laws to Sarawak.
PBK president Voon Lee Shan asks the state government to disclose what is its transparency plan in case it loses in Federal Court
He said PBK acknowledges that challenging the constitutionality of the Petroleum Development Act 1974 (PDA74) and the Continental Shelf Act 1966 (CSA 1966) is historic.
“But let us be clear: If Sarawak loses in Federal Court, the decision will not simply be a political setback. It will become a constitutional lock,” Voon, a senior lawyer, said when commenting on the decision of the state government to file the petition in the Federal Court to determine the constitutional validity and applicability of PDA74, CSA66 and Petroleum Mining Act 1966 (PMA66).
He said a defeat would mean permanently entrench federal ownership over Sarawak’s petroleum, severely weaken future Malaysia Agreement 1963 (MA63) negotiations, close constitutional doors for generations and strengthen the federal dominance over Sarawak’s economic lifeline.
Voon asked the state government to disclose what is its transparency plan in case it loses in Federal Court.
He said the state government must have a political and moral obligation to disclose such as what is the contingency plan if Sarawak loses, is there a prepared legislative road-map, is there a political fallback strategy and has a referendum mandate been considered.
“What is the economic risk assessment?” he asked, adding that the people of Sarawak must not be kept in the dark.
However, he said, if Sarawak wins, the commercial contracts with Petronas are still binding, arbitration clauses remain enforceable and operational dependence on existing infrastructure still persists.
“In both scenarios, Petronas will still survive, but Sarawak risks constitutional finality.This asymmetry must be acknowledged openly,” he added.
He said Petronas has minimal structural risk in the litigation.
“However, if Petronas wins, it means the federal control on oil and gas resources remains intact, production sharing contracts remain valid and commercial structures continue uninterrupted,” he said.
Voon called for PDA74 to be repealed as it was enacted without the sovereign consent of the people of Sarawak.
“It transferred ownership of Sarawak’s petroleum resources to Petronas under circumstances that remain politically and historically contested,” he said.
He noted that for decades, Sarawak has received only a small royalty from resources extracted from its waters, while billions flowed out of its land.
“Meanwhile, rural Sarawak remains underdeveloped, infrastructure gaps persist, and our fiscal autonomy remains constrained,” he said, stating that this is not merely a legal technicality, but it is about economic justice and historical rectification.
He reminded that oil and gas are finite resources, saying that once extracted, they are gone forever.
“If Sarawak fails to secure meaningful control now, future generations will inherit depleted reserves and continued fiscal dependence,” he stressed.
H said PBK, therefore, calls upon the state government to disclose its full legal and political strategy and all Sarawak Members of Parliament (MPs) and State Legislative Members (SLMs) to state their stand publicly.
He said PBK also calls on civil society to engage in informed debate and that Sarawakians must be prepared to decide their political future with clarity.
“Sarawak’s sovereignty over its resources is not negotiable,” he pointed out.
He repeated PBK’s call for the repeal of PDA74, restore Sarawak’s petroleum rights and honour MA63 in full, adding that Sarawak’s resources belong to Sarawak.
He stressed that Sarawak is not a colony, nor is it a subordinate territory, but an equal founding partner in Malaysia under MA63.
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