KUCHING: The Petroleum Development Act 1974 (PDA 74) cannot override the rights of Sarawak and Sabah as enshrined in the Federal Constitution and the Malaysia Agreement 1963 (MA63), says Senator Datuk Ahmad Ibrahim.
He said the Federal Constitution is the highest law in Malaysia, not any Act of Parliament.
“Under Article 95D, no Act of Parliament dealing with matters in the State List, such as land and natural resources, shall have effect in Sarawak unless adopted by the State Legislative Assembly.
“Executive agreement cannot substitute legislative adoption. Any such attempt would be constitutionally invalid,” he added.
“This is reflected in practice, with the Oil Mining Ordinance 1958 (OMO 1958) continuing to operate in Sarawak because it was never repealed by the Sarawak Legislative Assembly, alongside the Distribution of Gas Ordinance 2016 (DGO 2016) enacted by the Sarawak Legislative Assembly to reaffirm Sarawak’s sovereign control over gas.”
Ahmad added that the MA63 was not a political promise, but an international treaty that created Malaysia.
It safeguarded Sarawak’s and Sabah’s special autonomy, including control over land and resources.
The 2022 Constitutional Amendments further reaffirmed Sarawak and Sabah as equal partners in the Federation.
Therefore, he noted that the Federal Constitution stands above PDA 74 and any Act of Parliament, and that Sarawak’s rights cannot be eroded without the consent of the State Legislative Assembly.
