All Sarawakians duty bound to back state’s petition in Federal Court, says former DAP rep
by Philip Wong · Borneo Post OnlineSIBU (Feb 25): The Sarawak government’s decision to file a petition in the Federal Court on the constitutional validity of key federal petroleum laws is a necessary and long-overdue step to resolve the longstanding dispute between the Federal Government and the state over constitutional authority and petroleum rights.
Former Bukit Assek assemblywoman Irene Chang said it is a serious and consequential step that will shape Sarawak’s rights for generations to come.
The Democratic Action Party (DAP) Sarawak director of political education stressed this legal challenge goes far beyond politics as it concerns Sarawak’s constitutional standing, its boundaries, and its sovereign rights under the Malaysia Agreement 1963 (MA63).
“As such, all Sarawakian members of parliament, regardless of party affiliation, should rally behind the Sarawak government’s stance.
“This is not the time for internal divisions, political one-upmanship, or personal political agendas. When Sarawak’s rights and future are at stake, unity among Sarawakians is not negotiable, it is a duty, not a choice,” she said in a statement.
Chang said Sarawakians are watching closely and hope this legal action is not an election gimmick dressed up as a constitutional fight.
“Bringing this matter to court raises public expectations and carries a moral obligation to see it through to its conclusion,” she said.
Since the Sarawak government is invoking MA63 and the Federal Constitution, Chang said it must then do so with consistency, courage, and long-term commitment and not half-measures timed around political cycles.
“Since we were constrained to choose this judicial path, the state government must now demonstrate that it is fully prepared for every possible outcome — including an unfavourable court ruling. Court battles do not come with guaranteed victories.
“Sarawakians deserve a clear and honest answer — what is Sarawak government’s contingency plan if the court decide against Sarawak’s position,” she stated.
She added that Sarawak has waited far too long for clarity and justice over the state’s rights.
“Having taken this decisive step, the Sarawak government must stay the course. Retreat, compromise without mandate, or abandonment midway would not only weaken Sarawak’s position; it would constitute a betrayal of public trust and would put Sarawak in an even more disadvantageous and weaker position than we already are.”
On Feb 23, the Sarawak government filed a petition in the Federal Court seeking a determination on the constitutional validity and continued applicability of several federal petroleum laws to the state.
Deputy Minister in the Premier’s Department (Law, MA63 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali said the petition was filed 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 the federal Acts adversely affect and deprive Sarawak of its rights to 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.
Federal Constitution Irene Chang lead MA63 oil and gas rights onsite