Mahkamah tolak permohonan NGO Sabah mencelah kes hak petroleum Sarawak
Mahkamah tertinggi berkata Pemegang Amanah Berdaftar Sabah Action Body Advocating Rights tidak mewakili kerajaan Sabah.
The Federal Court has rejected a lawsuit from SABAR, an NGO from Sabah, challenging the constitutional arrangement of Sarawak's government and Petronas concerning petroleum and gas laws. In a unanimous decision, the three-judge panel, led by Judge Nordin Hassan, stated that SABAR lacks legal interest in the case. SABAR argued that its lawsuit against the federal government at the High Court in Kota Kinabalu would be undermined by the Supreme Court's decision on the constitutional challenge.
The NGO also claimed that the lawsuit aimed to question the inconsistency between the Land Acquisition Act 1966 (CSA), Petroleum (Amendment) Act 1966 (PMA), and the Territorial Waters Act 2012 with the Federal Constitution. However, the Supreme Court ruled that SABAR has no stake in the case. Judge Nordin explained that any decision in this matter would not diminish the rights of Sarawak in its lawsuit.
If the petition for intervention is allowed, it would only expand the scope of the Supreme Court's ruling in the Sarawak case. Judge Nordin noted that the Supreme Court has not yet heard the SABAR lawsuit. The panel also considered that Sarawak's lawsuit involves a conflict between the federal and state governments. Judge Nordin emphasized that SABAR acknowledged they do not represent Sabah.
The other judges on the panel were Judge Che Ruzima Ghazali and Ravinthran Paramguru. The three-judge panel made no order regarding costs. Sarawak's lawsuit sought a declaration that the Petroleum (Amendment) Act 1974, CSA, and PMA should not apply to the state due to its lack of institutionalization. The state also sought compensation, claiming it was wronged and lost its rights to natural resources, including oil and gas reserves in the seabed, within its exclusive economic zone.
Petronas also filed a petition to challenge the state ordinance governing matters related to oil and gas, which has not been heard. SABAR was represented by lawyer Roland Cheng, while the federal government and Petronas were represented by lawyers Ahmad Hanir Hambaly and Cyrus Das. Sarawak's legal counsel, JC Fong, appeared on their behalf.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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