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KUCHING, Sept 12: The Sarawak government should challenge the constitutionality of the Petroleum Development Act 1974 (PDA74), the Continental Shelf Act 1966 (CSA66) and the Territorial Sea Act 2012 (TSA2012) in court.
Parti Sarawak Bersatu (PSB) secretary-general Baru Bian suggested this on the grounds that the Sarawak Legislative Assembly (Sarawak DUN) had in 2015 passed a motion for Malaysia Agreement 1963 to be enforced.
He said this has allowed the Sarawak government to review all federal legislation with the power to amend and repeal laws that affect Sarawak.
“The Sarawak DUN had unanimously passed a Motion in 2015 to demand Putrajaya to implement our rights under the Malaysia Agreement and mandating the State Government to review all federal legislations, including to amend or repeal laws that affect the State’s rights to its natural resources.
“The Petroleum Development Act 1974, the Continental Shelf Act 1966 and Territorial Sea Act 2012 are federal laws passed by our Parliament and were never challenged in any courts in Malaysia and are therefore are ostensibly valid and operative for all intents and purposes.
“However, there is legal opinion that these Laws are in fact unconstitutional, and I am of the opinion that it is incumbent upon the GPS (Gabungan Parti Sarawak) government to take up a case in the High Court to challenge the constitutionality of the Petroleum Development Act 1974, the Continental Shelf Act 1966 and Territorial Sea Act 2012, as the State Government alone has the locus standi to do so,” said Baru in a statement expressing his hope after 60 years of Malaysia’s formation.
It is his hope that the Sarawak government will take up the action, so as to return to Sarawakians what belongs to them. — DayakDaily
