KUCHING: The recognition of PETROS as the sole aggregator of gas in Sarawak is clear proof that the state’s constitutional rights under the Malaysia Agreement 1963 (MA63) remain intact.
Kota Sentosa assemblyman Wilfred Yap Yau Sin stressed that such an arrangement between the federal and Sarawak governments was not just administrative in nature but an acknowledgment that Sarawak’s position under MA63 must be respected in practice.
“The recognition of PETROS is itself an acknowledgement that Sarawak’s position under MA63 requires practical respect and not just historical reference to parliamentary debates,” he said in his recent statement.
Yap was responding to remarks by former Dewan Rakyat Speaker Tan Sri Azhar Harun on the Petroleum Development Act 1974 (PDA).
He pointed out that while Sarawak MPs had debated and voted for the Bill at the time, it did not extinguish Sarawak’s entrenched rights under MA63.
“Malaysia practises constitutional supremacy, not parliamentary supremacy.
“This is enshrined in the third principle of the Rukun Negara — Keluhuran Perlembagaan (Supremacy of the Constitution),” he said.
Yap said no Act of Parliament can override constitutional safeguards, including those entrenched under MA63, without proper amendment procedures and the consent of Sarawak.
He also stressed that MA63 was not a mere political arrangement but an international treaty and constitutional foundation for the formation of Malaysia.
“Among its safeguards were Sarawak’s rights over land and natural resources.
“Any legislation, including the PDA, must therefore be assessed against these higher constitutional guarantees,” he added.
Yap said parliamentary records such as Hansard remain valuable, but the Constitution is the ultimate legal authority.
“In line with the spirit of the Rukun Negara, especially Keluhuran Perlembagaan, Sarawak’s rights under MA63 must be protected, respected, and upheld in both law and practice,” he said.
