By Daniel John Jambun, Pesident Borrneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) notes that the recent Kuching High Court decision involving Petroliam Nasional Berhad and Petroleum Sarawak Berhad was confined to a contractual bank-guarantee dispute and did not resolve the underlying constitutional questions relating to petroleum governance.
The High Court correctly indicated that such constitutional issues fall outside the scope of the originating summons before it and are more appropriately determined by the Federal Court of Malaysia.
Both Petronas and the Sarawak Government have since moved to place these questions before the apex court.
BoPiMaFo views this development as highly relevant to Sabah.
Sarawak and Sabah entered Malaysia as equal Borneo partners under the Malaysia Agreement 1963 (MA63), with specific safeguards over State autonomy and natural resources.
Questions surrounding the continued applicability of federal petroleum laws to Sarawak necessarily raise parallel constitutional issues for Sabah.
While Sarawak is now pursuing judicial clarity on its petroleum framework, Sabah must not remain a passive observer.
The outcome of the Federal Court proceedings may shape future interpretation of MA63 safeguards, federal–state resource governance, and the constitutional balance between Putrajaya and the Borneo States.
BoPiMaFo reiterates that the Kuching High Court ruling does not determine ownership or constitutional authority over oil and gas. Those substantive matters remain live and will only be resolved at Federal Court level.
We therefore urge the Sabah State Government and Sabah’s elected representatives to closely monitor these proceedings and to take proactive legal steps, where necessary, to safeguard Sabah’s constitutional position and resource rights in accordance with MA63.
This is not merely a Sarawak issue. It is a Borneo constitutional issue.
BoPiMaFo calls for calm, respect for judicial process, and principled engagement with the courts to ensure that the original federal compact envisaged in 1963 is upheld in both Sarawak and Sabah.
