KUCHING: The Sarawak United Peoples’ Party (SUPP) has declared its full support for the Sarawak government’s decision to petition the Federal Court to determine the constitutional validity and continued applicability of several federal petroleum laws in the state.
In a press statement, its secretary-general, Datuk Sebastian Ting, described the move as a constitutional necessity rather than a political strategy.
He stressed that the matter goes to the heart of the federal structure agreed upon at the formation of Malaysia.
The petition seeks a judicial determination on the Petroleum Development Act 1974, the Continental Shelf Act 1966, and the Petroleum Mining Act 1966, in relation to Sarawak.
Ting said the action is rooted in the Malaysia Agreement 1963 (MA63), the Inter-Governmental Committee (IGC) Report and the Federal Constitution, which he said are the foundational documents underpinning the formation of Malaysia.
“Malaysia was formed in 1963 upon agreed constitutional terms. Sarawak did not join as a subordinate territory. It was a founding partner in the Federation,” he said.
He emphasised that MA63 is not merely a historical document but the federal compact that defines the legislative powers, safeguards and territorial boundaries agreed upon at Malaysia Day.
According to Ting, any subsequent federal legislation that departs from the original constitutional balance must be subjected to constitutional scrutiny.
He added that questions have arisen over the extension and continued operation of certain federal laws introduced during the 1969 Emergency, noting that emergency powers were not intended to permanently alter the federal equilibrium established in 1963.
“Temporary measures cannot become permanent constitutional rearrangements by default,” he said.
Ting said seeking a determination from the Federal Court under Articles 4 and 128 of the Federal Constitution is not confrontational but a proper constitutional process.
“The Federal Court is the guardian of the Constitution. If constitutional doubt exists, it must be resolved judicially, not politically, not administratively, and not by assumption,” he said.
He also rejected claims that defending MA63 could be construed as anti-national or divisive, stating that safeguarding constitutional rights strengthens the Federation.
“True federation demands fidelity to the founding compact. Unity built upon respect for constitutional guarantees is enduring,” he said.
Ting noted that the Sarawak government has consistently engaged the Federal government in constructive dialogue, but maintained that where fundamental constitutional questions arise, clarity and finality must come from the apex court.
He said the petition aims to restore constitutional certainty, reaffirm MA63 as the bedrock of Malaysia, and ensure that Sarawak’s jurisdiction and resources are governed in accordance with the terms agreed at the formation of the Federation.
SUPP commended the Premier and the Sarawak government for taking what it described as a principled step in defending Sarawak’s constitutional rights.
“MA63 is not negotiable. The Constitution must prevail,” Ting said.
