By DayakDaily Team
KUCHING, Feb 27: Parti Bumi Kenyalang (PBK) today warned that Sarawak risks permanently losing its claim over oil and gas resources if it fails in its legal petition against the Petroleum Development Act 1974 (PDA 1974) and the Continental Shelf Act 1966 (CSA 1966) in the Federal Court of Malaysia.
PBK president Voon Lee Shan stated that a defeat would not merely be a legal setback but a ‘constitutional lock’ that could close the door on Sarawak’s petroleum rights for generations.
“A defeat will permanently entrench federal ownership over Sarawak’s petroleum, severely weaken future negotiations under the Malaysia Agreement 1963 (MA63) and close constitutional doors for generations.
“Additionally, it will strengthen federal dominance over Sarawak’s economic lifeline,” he said in a statement today.
Voon stressed that Sarawak is not a subordinate territory but an equal founding partner in Malaysia, and argued that PDA 1974 was enacted without the sovereign consent of Sarawakians, transferring ownership of Sarawak’s petroleum resources to Petroliam Nasional Berhad (PETRONAS) under politically and historically contested circumstances.
“For decades, Sarawak has received only a small royalty from resources extracted from its waters while billions flowed out. Rural Sarawak remains underdeveloped, infrastructure gaps persist and fiscal autonomy continues to be constrained.
“This is not a technical legal dispute — it is about economic justice and historical rectification,” he said.
PBK also highlighted what it described as an unequal risk structure in the litigation, pointing out that PETRONAS faces minimal consequences regardless of the outcome, while Sarawak bears the greatest constitutional risk.
“If PETRONAS wins, federal control remains intact and commercial arrangements continue uninterrupted.
“If Sarawak wins, contracts and arbitration clauses still bind the State. But if Sarawak loses, constitutional finality sets in. In both scenarios, PETRONAS survives but Sarawak risks everything,” Voon explained.
He criticised the Sarawak government under Gabungan Parti Sarawak (GPS) for entering what he described as a constitutional battlefield without first disclosing a full legal and political strategy to the people.
PBK demanded that the government publicly clarify its contingency plans should the case fail, including whether there is a legislative roadmap, an economic risk assessment and a fallback political strategy.
He also reiterated PBK’s long-standing position that PDA 1974 must be repealed rather than merely interpreted through the courts, saying litigation alone without broader political mobilisation is dangerous.
“Repeal of PDA 1974 is necessary to restore negotiating equality, rebalance federal-State relations, recognise Sarawak’s ownership rights over its petroleum resources and allow a new petroleum framework based on partnership and not subordination,” he said.
He added that if the Federal Court rules against Sarawak, the struggle should shift beyond the judiciary to constitutional amendment campaigns, political mandates from the people, international awareness of MA63 obligations and stronger assertion of State regulatory and taxation powers.
“This is not about hostility. This is about dignity and 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 depletion and continued dependence,” he emphasised.
PBK also called on all Sarawak Members of Parliament (MPs) and State assemblymen (ADUNs) to declare their stand publicly and urged civil society to engage in informed debate on the issue. – DayakDaily
