LETTER | The recent statement by Sarawak Chief Minister Abang Johari Abang Openg claiming that the Territorial Sea Act 2012 (TSA) and Petroleum Development Act 1972 (PDA) is “not relevant” is not just ambiguous, but also shows little accountability on his part.

This is if he does not take the required steps of passing a resolution in the Sarawak Legislative Assembly to nullify these laws, and challenging them in the Federal Court as unconstitutional or repealing it through an act of Parliament.

Under our legal system, any law passed in Malaysia and duly gazetted to come into force is deemed to be good law until it is repealed, or the Federal Court declares it to be unconstitutional and null and void.

The constitutionality or unconstitutionality of an enactment is determined by court of law, not just by mere public declarations.

A recent article published by the Borneo Post, claiming that the chief minister’s legal contention is right, also clearly underlines the fact that his statement only means that Sarawak will have full regulatory powers over the release of mining leases or licenses.

It went on further to argue the merits of Abang Johari’s system in comparison to Pakatan Harapan’s manifesto of 20 percent oil royalty. It said the issuance of mining leases and subcontracts given to Petros could potentially bring in more than the 20 percent royalty.

But this shows ignorance on our manifesto, on top of what is at stake in the coming election.

First, we need to establish that Petros and the authority to assert our mining rights is the prerogative of the BN state government. Thus, any election outcome will not have any say over the prerogative of the state government to assert this right, and even gain revenue from the issuing of mining lease and licenses.

What we in Harapan are offering is an upright 20 oil royalty to the state government even if it is still under BN.

We have also pledged in our manifesto to establish a Special Select Cabinet Committee, not just an RCI, to look through and implement the needed amendments or repeal of legislations contrary to the Malaysia Agreement 1963 within the first 100 days of power.

Then, within the first six months a proper report will be presented, and actions carried out to make the necessary amendments to those legislations, including the PDA and TSA.

This is a proactive aim, with accountability and a set timeline, unlike Abang Johari’s “special High Task force” that has no timeline neither any accountability attached to it.

Thus, if and once Harapan comes into federal power, Sarawak will benefit not just from the revenue from the issuance of licenses and profits from subcontracts to Petros, but also the direct 20 percent oil royalty promised to us, on top of the coming amendments to legislations contrary our interest established in MA63.

If Abang Johari really has the best interests of Sarawak at heart, this is clearly a better deal for our people.

Thus, the talks of 20 percent oil royalty under Harapan is just the tip of the iceberg of benefits of the Sarawak, unlike the BN government, whose refusal to make the necessary amendments even though they are in power speaks volume of their insincerity in restoring our rights.

Abang Johari’s statement claiming that the PDA and TSA are “not relevant” shows little accountability, and is purely made to mislead the public in attempts to build an impression that we have 100 percent control of our oil and gas resources.

In reality he and BN Sarawak are just supporting and empowering a kleptocratic regime that have not just stolen billions from the people, but took away our rights in the first place.

KELVIN YII is special assistant to DAP Bandar Kuching MP Chong Chieng Jen.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.