SUPP Stakan backs view PDA and TSA unconstitutional

Sim Kiang Chiok

KUCHING, Oct 24: Sarawak United Peoples’ Party (SUPP) Stakan strongly backs Santubong MP Datuk Seri Wan Junaidi Tuanku Jaafar regarding the Petroleum Development Act 1974 (PDA) and the Territorial Sea Act 2012 (TSA).

SUPP Stakan chairman Sim Kiang Chiok strongly agrees with the Santubong MP’s view of the PDA and TSA as being were and are still unconstitutional, and that the Sarawak government should take necessary measures to correct these ‘misdeeds’ that have been perpetrated.

According to Sim, SUPP Stakan fully supported the Sarawak government in taking all the necessary actions to correct this ‘unconstitutional mistake’, including peaceful settlement by consultations with the federal government and even legal action to settle constitutional disputes should the need arise.

“Oil resources within Sarawak belongs to Sarawak as stipulated by the Oil Mining Ordinance of 1958 and is also clearly listed under the state list in the Federal Constitution, but the federal government has been taking the resources unencumbered since the PDA was enacted in 1974, denying Sarawak its just entitlement.

“This has been unfair to Sarawak. We have every reason to seek all legal recourse to regain the return of Sarawak’s oil resources and the proper quantum of income that comes with it,” opined Sim in a press statement, yesterday.


He noted that Pakatan Harapan (PH) in Sarawak have repeatedly said that they will not sell Sarawak’s autonomous rights and interests, but on the issue of the PDA and TSA, the Sarawakian PH leaders have been silent.

Sim also disclosed that SUPP Stakan wants clarification from Sarawak PH leaders on their stand regarding this matter.

“We ask leaders of the Sarawak PH, chairman Chong Chieng Jen, Works Minister Baru Bian, and the other members of the PH government to please show your loyalty and fight for Sarawak instead of being Malayan apologists and facilitators,” he added.

In an interview with the media, Wan Junaidi claimed that the PDA violated the provisions of Article 74, Schedule 9, II(2)(C) of the Federal Constitution.

Echoing the view of Dewan Undangan Negeri (DUN) speaker, Datuk Amar Awang Asfia Awang Nasar, he agreed that the PDA should now be deemed void following the lifting of the Emergency Ordinance (EO) by the Yang di-Pertuan Agong in 2012 (and the subsequent abolition of the EO in 2013).

He reasoned that without these emergency powers, the federal government has to revert to and observe the provision of Article 2 of the Federal Constitution whereby there is a need for express consent from the State Legislative Assembly (DUN) as expressed by law for acts to be fully operational coupled with a nod from the Conference of Rulers.

The federal government passed both the PDA and TSA while the emergency order was still intact and thus, it is arguable these laws are ineffective and unenforceable because they are devoid of consent from the Sarawak DUN. — DayakDaily