Kota Kinabalu: Borneo’s Plight in Malaysia Foundation President Daniel John Jambun said Sarawak’s court battle over petroleum rights is not just about oil money but a fight that could redefine how much control Putrajaya can exercise over East Malaysia.
“Sabah and Sarawak are fighting the same battle, whether or not Sabah is in the courtroom.
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“This litigation is not just about petroleum governance. It raises foundational questions concerning Malaysia’s Federal structure, constitutional supremacy and the continuing legal force of the Malaysia Agreement 1963 (MA63),” he said in a statement, Tuesday.
He pointed out that Sarawak’s reference before the apex court seeks clarity on the application of the Petroleum Development Act 1974, the Continental Shelf Act 1966 and the Petroleum Mining Act 1966 within the state.
“Sabah and Sarawak did not enter Malaysia as ordinary states but as founding partners under MA63, an international agreement that defined their territorial boundaries and proprietary rights over natural resources before Malaysia Day.
“Any post-1963 Federal legislation that extinguished or absorbed those rights without constitutional compliance and state consent must be subjected to judicial scrutiny,” he said.
Daniel also raised the Basic Structure doctrine, a principle recognised in Malaysian constitutional jurisprudence, pointing out that long-standing statutes do not acquire constitutional legitimacy merely through age.
“Time cannot cure constitutional excess,” he said.
He said while Sarawak is the sole applicant, the constitutional principles at stake apply equally to Sabah whose offshore petroleum resources, fiscal autonomy and territorial integrity rest on the same historical and legal framework.
“The constitutional rights of one Borneo state cannot be separated from the other. This is a shared struggle for Federal balance, constitutional fidelity and the dignity of East Malaysia,” he said.
On Petronas’ parallel bid for regulatory certainty over its Sarawak operations, Daniel acknowledged the importance of a stable investment climate but insisted it must not come at the expense of constitutional correctness.
“True clarity can only arise from a principled determination of the scope of Parliament’s petroleum-related powers, the interaction between Federal statutes and State territorial rights and the continuing constitutional force of MA63 safeguards,” he said.
“A principled judgment will not weaken Malaysia. It will strengthen it,” he said.
Meanwhile, Sarawak activist Peter John Jaban said the Sarawak’s court option is the most constitutionally mature step it has taken in decades.
“The move as a sign of growing constitutional awareness among Sarawakians,” he said in a statement.
He said the legal petition should not be read as a challenge to the Federation, but rather as a responsible exercise in constitutional governance.
“Sarawakians are no longer passive. Sarawakians are no longer uninformed. Sarawakians are no longer naïve about issues concerning their rights, land and natural resources,” he said.
Peter said that any interpretation of petroleum-related legislation must be consistent with both MA63 and the Federal Constitution and that the autonomy envisioned at Malaysia’s formation must not be eroded through legal ambiguity.
“Long-standing questions over the Petroleum Development Act 1974 and Petronas’ role in managing Sarawak’s oil and gas resources have persisted for decades.
“Referring these matters to the apex court rather than settled through political discourse reflects confidence in Malaysia’s judicial institutions,” he said.
He called for greater transparency in how revenues from Sarawak’s natural resources are managed, and urged that oil and gas wealth be directed toward food security, infrastructure, education, healthcare, rural connectivity and long-term development.
Peter also noted that legal certainty would benefit economic confidence, as investors and policymakers require clearly defined jurisdictional boundaries before committing to long-term decisions.
“Sarawak’s natural resources are not about politics … they are about the welfare of our children, our rural communities and our future generations,” he said.
“True unity within Malaysia must be built on fairness, mutual respect and constitutional integrity,” he said.
