Sarawak Prepared To File Own Petition In Federal Court Over Petros Regulatory Framework

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The Sarawak government has expressed its readiness to file a separate petition in the Federal Court to ensure a comprehensive examination of the legal issues surrounding the regulatory framework of Petroleum Sarawak Berhad (Petros). Datuk Sharifah Hasidah Sayeed Aman Ghazali, the Deputy Minister in the Sarawak Premier’s Department (Law, MA63 and State-Federal Relations), stated that this strategic move is essential to safeguard the state’s sovereign rights and the interests of its people.

According to a report by the Sarawak Public Communications Unit (Ukas), Sharifah Hasidah emphasised that a cross-petition would allow the apex court to consider all facets of the dispute fairly. She expressed hope that the Federal Court would hear Sarawak’s petition alongside the one filed by Petroliam Nasional Bhd (Petronas) to ensure that every constitutional and legislative issue is deliberated in a balanced manner.

The development follows the Federal Court’s decision to grant Petronas leave to commence proceedings challenging the validity of several Sarawak ordinances that govern oil and gas activities within the state. Sharifah Hasidah described the court’s ruling as an appropriate step, noting that the complexities of the case require in-depth judicial scrutiny, particularly concerning the interaction between state and federal laws.

Petronas is currently challenging the legislative competency of the Sarawak State Legislature to enact specific laws, seeking to have several state provisions declared invalid. The challenge specifically targets key sections of the Sarawak Distribution of Gas Ordinance 2016, the Oil Mining Ordinance 1958, and the Sarawak Land Code 1958, among other state enactments.

In response, the state government maintains that it will continue to uphold its rights as enshrined in the Malaysia Agreement 1963 (MA63). Sharifah Hasidah reaffirmed that Sarawak remains firm in its legal standing to regulate its own natural resources, stressing that the state’s legal team is prepared to defend the validity of its ordinances during the upcoming Federal Court proceedings.

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