Repudiate all unconstitutional laws, Star tells Sarawak govt

KUCHING: The Sarawak government must reject all unconstitutional federal laws, including Petroleum Development Acts (PDA) 1974 and Territorial Sea Act (TSA) 2012, Reform Party Sarawak (Star) president Lina Soo said.

“This is like locking all your doors and windows before the robbers come to rob your house,” she added.

“Sarawak must act fast. If not, the long silence can be argued later in court that we agree and acquiesce. All other matters can come later. But the law is on our side: state law, federal law, customary, constitutional law, and international law,” she said.

However, Soo noted that the Sarawak government could not go to court because it would be akin to recognising and validating an unconstitutional law for Sarawak.

“The Federal Court last year ruled that PDA 1974 does not repeal or supersede OMO 1958. Otherwise, it would mean that an oil company (Petronas) is bigger than the country of Sarawak.

“PDA 1974 is a federal law which is constitutional for the Malayan states of 1957 only. It cannot apply to Sarawak because we have special protection under the law in both the state and federal constitutions. PDA has never been approved in DUN, so it cannot be enforced in Sarawak,” she added.

The rights to Sarawak’s territory are also enshrined in Article 2 of the Federal Constitution, and TSA 2012 is unconstitutional as it affects the territorial boundaries of Sarawak and Sabah.

Under Article 1(3) of the Federal Constitution, that is, the territory immediately before Malaysia Day (Sept 16, 1963), the federation cannot enact any law to alter or affect the state’s territorial boundary unless Sarawak first passes a law in its State Legislative Assembly to change it.

Soo, who recently went to London to do her research on Sarawak rights, praised the wisdom of Chief Minister Datuk Patinggi Abang Johari Tun Openg to amend the OMO 1958, which requires the national oil company to apply for licence to operate in Sarawak.