‘Without DUN’s approval, oil and gas decisions unconstitutional’

Any decision between Chief Minister Datuk Patinggi Abang Johari Tun Openg and Prime Minister Tun Dr Mahathir Mohamad pertaining to oil and gas issues must have the approval of the State Legislative Assembly (DUN).

State Reform Party (STAR) Sarawak president Lina Soo claimed that decisions made without the DUN’s approval would otherwise be unconstitutional.

According to her, when then Chief Minister Tun Datuk Patinggi Abdul Rahman Yakub signed the Petroleum Development Act (PDA) 1974 – which granted Petronas powers, liberties, and privileges in respect to petroleum – on March 27, 1975, no resolution was passed in DUN to give him the authority to do so on behalf of the Sarawak government.

“We cannot allow this to happen again, so we do hope that any decision reached between our Chief Minister and the Prime Minister pertaining to oil and gas issues will first be passed and approved in DUN,” Soo told a press conference yesterday.

She was responding to Abang Johari’s statement that issues related to oil and gas in Sarawak would be exclusively discussed between himself and Dr Mahathir and not by the Malaysia Agreement 1963 (MA63) Steering Committee.

According to Soo, PDA 1974 is an unconstitutional vesting order as the Chief Minister had no authority to give away state resources without the concurrence of the DUN.

She cited Article 95D of the Federal Constitution as one of the fundamental laws that protect Sarawak.

“We have Article 95D of the Federal Constitution, which stipulates exclusion for the state of Sarawak and Sabah for Parliament’s power to pass uniform laws about land and local government.

“Article 95D of the Federal Constitution is a fundamental law that protects us (Sarawakians) of our land,” she said.

She claimed that PDA 1974 touches on Sarawak’s land because it is a law that claims ownership of oil and gas, and because it was never passed in DUN, is unconstitutional and not applicable.