BERNAMA
PUTRAJAYA: The Federal Court today dismissed an application by Sabah-based group Registered Trustees of Sabah Action Body Advocating Rights (SABAR) for leave to intervene in the Sarawak Government’s petition seeking a determination on the constitutional validity and continued applicability of federal laws governing oil and gas in the state.
A three-member bench comprising Justices Datuk Nordin Hassan, Datuk Che Mohd Ruzima Ghazali and Datuk P. Ravinthran unanimously ruled that SABAR had no direct legal interest in the subject matter of the petition filed by the Sarawak Government.
In delivering the court’s decision, Justice Nordin said the petition concerned a dispute between the Federal and Sarawak governments, and SABAR, as a non-governmental organisation (NGO), was not a suitable party to be heard in the proceedings.
“The decision or outcome of the State of Sarawak’s petition against the respondents (Petroliam Nasional Bhd (Petronas) and the Government of Malaysia) does not affect the applicant’s (SABAR) rights in the originating summons (filed at the Kota Kinabalu High Court) or its application to refer the constitutional question to the Federal Court,” he said.
He said SABAR’s intervention would instead broaden the scope of the Federal Court’s determination in the Sarawak Government’s petition.
Justice Nordin further said the petition fell under the Federal Court’s exclusive original jurisdiction and was subject to specific procedures.
He said one such procedure required SABAR to obtain leave from a single Federal Court judge before the petition could be heard or any declaration on the validity of a law could be made, as stipulated under Article 4 of the Federal Constitution.
He said SABAR could not circumvent the prescribed process by filing an application to intervene in the Sarawak Government’s petition.
During today’s proceedings, the Government of Malaysia and Petronas objected to SABAR’s application, while the Sarawak Government supported it.
SABAR filed the application on May 18, seeking leave to be included as a co-petitioner in the Sarawak Government’s petition, arguing that it had a legal interest in participating as the declaratory relief sought in its legal action at the Kota Kinabalu High Court was similar to that sought by the Sarawak Government.
In its originating summons filed at the Kota Kinabalu High Court against the Government of Malaysia, SABAR challenged the inconsistency of the Continental Shelf Act 1966, Petroleum Mining Act 1966 and Territorial Sea Act 2012 with the Federal Constitution.
SABAR has also filed an application at the High Court seeking to refer constitutional questions to the Federal Court.
In seeking leave to intervene, SABAR contended that there were overlapping legal questions between its case, filed in 2023 and concerning Sabah, and the Sarawak Government’s petition filed this year.
The Sarawak Government filed its petition in February this year against the Government of Malaysia and Petronas, seeking the Federal Court’s determination on the constitutional validity and continued applicability of several federal laws to Sarawak.
Among other reliefs, the state government is seeking a declaration that the Petroleum Development Act 1974 (PDA), Continental Shelf Act 1966 and Petroleum Mining Act 1966, insofar as they apply to Sarawak, are unconstitutional and void ab initio.
Meanwhile, on March 16, the Federal Court allowed Petronas’ application for leave to commence proceedings challenging the legislative competency of the Sarawak State Legislature to enact certain laws governing oil and gas matters in the state.
The national oil and gas company is also challenging the validity of several laws enacted by the Sarawak State Legislature.
At today’s proceedings, lawyers Roland Cheng Ho Wah and Datuk Alex Decena represented SABAR.
Senior Federal Counsel Ahmad Hanir Hambaly@Arwi and Nurhafizza Azizan appeared for the Government of Malaysia, while Sarawak State Legal Counsel Datuk Sri JC Fong represented the Sarawak Government.
Lawyers Datuk Dr Cyrus Das and Khoo Guan Huat represented Petronas. — BERNAMA
