Borneo Herald
8.28AM MYT, 27-2-2026
By Voon Lee Shan
KUCHING : Sarawak is not a colony.
Sarawak is not a subordinate territory.
Sarawak is an equal founding partner in Malaysia under MA63.
Today, the GPS government has brought before the Federal Court a challenge concerning the constitutionality of the Petroleum Development Act 1974 (PDA 1974) and the Continental Shelf Act 1966 (CSA 1966) — two federal laws that stripped Sarawak of control over its own oil and gas resources.
Parti Bumi Kenyalang (PBK) states firmly:
PDA 1974 must be repealed.
It was enacted without the sovereign consent of the people of Sarawak. It transferred ownership of Sarawak’s petroleum resources to Petroliam Nasional Berhad (PETRONAS) under circumstances that remain politically and historically contested.
For decades, Sarawak has received only a small royalty from resources extracted from our waters, while billions flowed out of our land. Meanwhile, rural Sarawak remains underdeveloped, infrastructure gaps persist, and our fiscal autonomy remains constrained.
This is not merely a legal technicality.
This is about economic justice and historical rectification.
The Federal Court Action — A High-Risk Gamble
PBK acknowledges that challenging the constitutionality of PDA 1974 and 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.
A defeat would:
* Permanently entrench federal ownership over Sarawak’s petroleum.
* Severely weaken future MA63 negotiations.
* Close constitutional doors for generations.
* Strengthen federal dominance over Sarawak’s economic lifeline.
This is why PBK demands transparency.
Before entering this constitutional battlefield, the GPS government has a political and moral obligation to disclose:
* What is the contingency plan if Sarawak loses?
* Is there a prepared legislative roadmap?
* Is there a political fallback strategy?
* Has a referendum mandate been considered?
* What is the economic risk assessment?
The people of Sarawak must not be kept in the dark.
The Unequal Risk Structure
Let us speak honestly.
PETRONAS has minimal structural risk in this litigation.
If PETRONAS wins:
* Federal control remains intact.
* Production Sharing Contracts remain valid.
* Commercial structures continue uninterrupted.
If Sarawak wins:
* Commercial contracts are still binding.
* Arbitration clauses remain enforceable.
* Operational dependence on existing infrastructure persists.
In both scenarios, PETRONAS survives.
But Sarawak risks constitutional finality.
This asymmetry must be acknowledged openly.
PBK’s Position — Repeal, Not Merely Litigate
PBK has consistently maintained:
PDA 1974 must be repealed — not merely interpreted.
The Act represents centralisation that contradicts the spirit of MA63 and undermines Sarawak’s fiscal sovereignty.
Repeal would:
* Restore true negotiating equality.
* Rebalance federal-state relations.
* Recognise Sarawak’s ownership rights.
* Allow a new petroleum framework based on partnership — not subordination.
Litigation without a broader political mobilisation strategy is dangerous.
If the court rules against Sarawak, PBK believes the struggle must shift to:
1. Constitutional amendment campaigns.
2. Political mandate from the people.
3. International awareness of MA63 obligations.
4. State-level assertion of regulatory and taxation powers.
5. Consideration of self-determination mechanisms consistent with constitutional processes.
Sarawak must never surrender its resource rights through judicial finality.
A Call to Sarawakians
This is not about hostility.
This is about dignity.
This is about our children’s inheritance.
Oil and gas are finite resources. Once extracted, they are gone forever.
If Sarawak fails to secure meaningful control now, future generations will inherit depleted reserves and continued fiscal dependence.
PBK therefore calls upon:
* The GPS government to disclose its full legal and political strategy.
* All Sarawak MPs and ADUNs to state their stand publicly.
* Civil society to engage in informed debate.
* Sarawakians to prepare to decide their political future with clarity.
Sarawak’s sovereignty over its resources is not negotiable.
PBK stands firm:
Repeal PDA 1974.
Restore Sarawak’s petroleum rights.
Honour MA63 in full.
Sarawak’s resources belong to Sarawak.
Voon Lee Shan is currently the President of
Parti Bumi Kenyalang#~Borneo Herald™
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