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Wednesday, September 26, 2012

Legal suit against 1976 oil agreement

Similar legal suits against Petronas will be filed by groups in oil-producing Kelantan, Terengganu and Sarawak.

KOTA KINABALU: Six Sabahans, including leaders from Sabah Progressive Party (SAPP) and PAS, have filed a suit against Petronas and the Sabah state government at the High Court here, seeking to declare the 1976 agreement between Petronas and the Sabah state government as null and void.

The group of six who called themselves “Royalty for Sabah”, are Zainal Ajamain, Michael Peter Govind, PAS leaders Lahirul Latigu, Mohd Julpikar Ab Mijan, and SAPP’s Dullie Marie and Joseph Wilfred Lakai.

Zainal was co-founder of the United Borneo Front (UBF) but soon after together with Govind, parted ways with another UBF founder Jeffrey Kitingan.

The writ of summon was filed by their lawyer Marcel Jude at the High Court registry.

Zainal in their joint statement said it was illegal for the federal government to take Sabah’s oil which should belong 100% to the people of Sabah.

“The Malaysia Agreement 1963 is very clear on this,” claimed Zainal who is an economist.

The group contended that the 1976 agreement was in conflict with the Federal Constitution, which successive state governments had failed to address for the last 37 years.

“Recently, both the state government and the opposition have promised that the issue of oil royalty to Sabah is high on their agenda, but actually both have no right to determine the quantum for Sabah.

“[Since] 100% of the oil belongs to the people in Sabah, it should be given back to them and let them decide as to how much should be given to the federal government, whoever it may be,” the group said.

They also claimed that their action was in line with the recent statement by PAS president Hadi Awang in Tuaran that “in Islamic concept of governance, the wealth of a region shall be used to alleviate the problems of the people of the region first before it can be brought out of it”.

According to Zainal, similar suits will be filed by groups in another three oil-producing states of Kelantan, Terengganu and Sarawak.

By Luke Rintod

60 comments:

  1. Its true that the oil belongs to the people of Sabah. But bare in mind that the oil is not extracted using a spoon, as what these blogger borneobullet said in his article below:

    Minyak dan Gas bukan dikorek menggunakan sudu

    ReplyDelete
    Replies
    1. Tu Mr.Govind-ustry dll tau apa?Tanpa PTI atau Co. semenanjung boleh korek meh?
      SAS atau berbagai saham pon cukup pandai kamurang korak pada 1976,kan?

      Kalo geng sama orang buruk nampak korek isu buruk kamurang pandai,kan?

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    2. So, if Sabah does the extraction instead of Petronas, will use sudu? I don't think it's the question here?
      Think of an analogy. A(Sabah) has money (oil) in the bank (oil field/reserve). Sabah is in need of money for a planned budget. Sabah can fill out a withdrawal form (whatever equipment/manpower/expertise needed in oil and gas extraction) and proceed to replenish. And given how banking services have improved so much it's only at the touch of a button or a phone call away will take care of one's financial transactions. Keeping track of your financial record can easily be done too.
      Now imagine giving away your ATM card to someone to withdraw money from your account. Given the current situation, you'll get some money alright but after accounting for cronies' pockets, mileage allowance, duit kopi and what not and that is if they don't come back telling you that your ATM card has been swallowed big time. Or worst these days, as reported, they could even chain and drag away the ATM machine itself.
      Or is Sabah's ATM card stolen?

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    3. SABAH SARAWAK ARE MALAYA'S ATM MACHINES- WITHDRAW AT WILL ANY SUMS & NO REPAYMENT REQUIRED- WIN WIN FOR MALAYA!

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    4. IT'S OUR OIL AND THE MONEY WILL BE PUT TO GOOD USE FOR SABAH IF WE CONTROL IT.

      SO WHY GIVE TO MALAYA?

      AREN'T WE STUPID NOT TO TAKE IT BACK?

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  2. Anyway, Chief Minister Musa Aman has stated his support to eview the oil revenue- or profit-sharing agreement between Sabah, Sarawak, the federal government and Petronas, the national oil company.

    ReplyDelete
    Replies
    1. Since CM already make his statement loud and clear,lets wait for good new from him

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    2. We support Datuk Musa cause he fight for Sabahan right.

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    3. Memang kita berbanggalah ada pemimpin Seperti Datuk Musa Aman yang mana begitu mengambil berat akan kepentingan rakyat.

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    4. CM Musa Aman is right. After 36 years, it is certainly time to review the oil revenue- or profit-sharing agreement between Sabah, Sarawak, the federal government and Petronas, the national oil company.

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    5. It has been a source of unhappiness of Sabahans who feel shortchanged. But it would be naive to think that increasing it will placate Sabahans suffering from a sense of loss of what is theirs.

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    6. Najib already confirmed "No Inceased in Oil Royalty".

      http://www.freemalaysiatoday.com/category/nation/2012/09/25/no-increase-in-oil-royalty/

      CM Musa Aman and his fellow comrades can now keep their mouth shut and take orders from Najib to show their loyalty and become BN slaves.



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    7. syukurlah sebab kadar royalti minyak ni sudah dipersetujui untuk dikaji semula. jadi, kita tunggu saja perkembangannya.

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    8. Semoga kajian yang dibuat mendapat hasil yang positif.

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  3. Sabah in fact has never been shortchanged by Kuala Lumpur of its oil and gas. It receives about four times more than its 5% oil royalty from the federal government for its social and infrastructure development under each succeeding five-year Malaysia plan. The state problem has been in spending the money quickly enough.

    ReplyDelete
    Replies
    1. Najib speaks of a “fair” distribution of cash payments from petroleum revenue. And this is what the Petroleum Development Act of 1974 has set out to achieve after Petronas signed the first production sharing contracts with Shell, Exxon and other foreign oil companies in 1976.

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    2. Memberi Sabah dan Sarawak kepentingan dalam Petronas pasti akan membantu integrasi mereka di Malaysia. Selepas hampir 50 tahun, ia masih tidak terlambat untuk memulakannya.

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    3. Yang penting pembangunan di Sabah akan sentiasa diteruskan dan tidak diabaikan.

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  4. Sabah expects about 800m ringgit in petroleum royalties this year (2012). Federal grants are estimated at about 350m ringgit. The state has got slightly more than 10 billion ringgit to carry out 424 projects under the first phase of a rolling plan of the 10th Malaysia plan which started last year.

    ReplyDelete
    Replies
    1. 800m + 350m is more than 10 billion ringgit ?

      Now I understand why BN Umno is truly Dumbno.

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    2. Dengar2 di KB pun akan jadi pengeluar minyak tidak lama lagi. pastinya ekonomi dan taraf hidup penduduk di sekitar akan dapat dipertingkatkan.

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    3. In 2011, Petronas received at least RM16 billion from Sabah's oil. The figure for 2012 is also expected to be about RM16 billion. In 2014/2015, Petronas will receive about RM45 billion to RM50 billion from Sabah's oil due to the new oil fields.
      The development budget for RMK-10 is actually RM9.75 billion for both Sabah and Sarawak jointly. In the just announced 2013 Budget, the infrastructure development budget for Sabah and Sarawak is only RM740 million (million) and all these allocations are peanuts compared to the moneys taken by Petronas from Sabah.
      All these Umno/BN supporters who do not want Sabah to take back Sabah's oil should apply to migrate to Malaya and stop being traitors to Sabah. We should start with the top Umno/BN leaders leading the migration. Sabah do not need these traitors. 5% for Sabah is no longer acceptable. Even Pakatan is offering 20% for Sabah and Sarawak's oil.

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  5. Another point that should be noted by all Sabahan:

    "It would be naïve to think that increasing it will placate Sabahans suffering from a sense of loss of what is theirs. They don’t see oil and gas as a national asset despite having been Malaysians for almost 50 years."

    ReplyDelete
    Replies
    1. They have been robbed and cheated for the past 49 years. That is the fact.

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  6. maika ....kau sepatutnya malau dgn kata2 mu itu.....kalaulah mahu mengapau jangan lah sampai jual maruah orang sabah.

    ReplyDelete
    Replies
    1. One can agree or disagree with the facts but don't let be driven by emotion only.

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    2. People know exactly what you are talking about. Stop insulting their intelligence.

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    3. cakap berasaskan fakta dan bukan dengan emosi.

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    4. Isu emosi tidak timbul. Janganlah kamu suka-suka putarbelitkan fakta.

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  7. Semua isu2 yang asalkan berkaitan dengan Sabah, dan ia akan menjadi topik permainan pakatan rakyat. Ini disebabkan GE sudah dekat, undi baik2 kerana ni tanggungjawab rakyat.

    ReplyDelete
    Replies
    1. Abaikan saja kerana pembangkang timbulkan isu ni semata2 untuk jadi hero bagi mendapatkan sokongan saja.

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    2. The isu is not fair to Sabah, its a great idea to voice out so that the people in Sabah can enjoy what they should deserve.

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    3. pembangkang akan cuba manipulasikan semua perkara untuk kelirukan rakyat.

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  8. Apa macam kalau kita tubuhkan PETROLEUM SABAH BERHAD (Petrosabah) dan minta Kerajaan Persekutuan tandatangan dan menyerah semua hak minyak di Semenanjung 95% kepada Petrosabah dan 5% simpan untuk Semenanjung?
    INI KALI LAH.

    ReplyDelete
    Replies
    1. Balik2 minta saja tidak akan berhasil.

      Akta Petroleum 1974 perlu dihapuskan dulu.

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  9. Agreement that is nor longer relevant and unfair should be revised.

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  10. CM dah cakap kan mahu suarakan isu royalti kepada Najib jadi kita harap sajalah yang terbaik.

    ReplyDelete
  11. Tapi kalau tak silap, Najib cakap mcm susah nak review balik oo sebab libatkan persetujuan dari pihak luar juga. huhu

    ReplyDelete
    Replies
    1. Najib beritahu tak ada sebarang kenaikan royalti minyak diberikan.

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  12. Harap ada miracle yang berlaku nanti:)

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  13. Saya hairan juga sekarang baru cakap perjanjian ini tak sah. Kenapa dulu tak cakap ia tak sah.

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  14. Sebagai Sabahan, saya memang mahu royalti dinaikkan tapi saya yakin banyak hal yang perlu dipertimbangkan sebelum memutuskan utk mengkaji sesuatu hal.

    ReplyDelete
    Replies
    1. Sila berikan contoh apa hal yang perlu dipertimbangkan ?

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    2. kena pastikan Sabah mendapat yang sepatutnya dari hasil minyak Sabah.

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  15. The Sabah government believes the petroleum royalty sharing formula is negotiable

    ReplyDelete
    Replies
    1. CM Datuk Musa Aman said the formula that saw Sabah and Sarawak receiving 5% petroleum revenues in the form of royalties could be studied further

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    2. Musa berkata beliau yakin kerajaan persekutuan terbuka kepada rundingan. Perdana Menteri adalah seorang pemimpin yang prihatin dan sentiasa bersedia untuk mendengar apa yang rakyat luahkan.

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    3. Najib had announced that the committee had 6 months to study the matter before making recommendations to the federal government, which would put to rest all questions surrounding the royalty payment.

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    4. Najib also said whatever and no matter how long the study will be, increase of royalties will not be approved.

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  16. The close relations between the state and federal governments have resulted in Sabah receiving substantial funding to drive our development programmes

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  17. I can't wait to know hows the case ended.

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  18. If they can win the case they must be one of the greatest man in this world.

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  19. I am thinking they may be stop the issue if the federal G, willingly wanna talk about the issue....

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  20. May be the agreement have been agreed based on the oil crisis on 1973.

    For Info:
    The 1973 Oil Crisis began in earnest on October 17, 1973, when the members of Organization of Arab Petroleum Exporting Countries (OAPEC, consisting of the Arab members of OPEC plus Egypt and Syria) announced, as a result of the ongoing Yom Kippur War, that they would no longer ship petroleum to nations that had supported Israel in its conflict with Syria and Egypt (i.e., to the United States, its allies in Western Europe, and to Japan).

    ReplyDelete
  21. We are not the one who control the oil price, as we all know all big countries are the one who involves fully in this field. I am thinking the deal may also been fluent what happen in international Level.
    FYI

    Meanwhile, the shock produced chaos in the West. In the United States, the retail price of a gallon of gasoline rose from a national average of 38.5 cents in May 1973 to 55.1 cents in June 1974. Meanwhile, New York Stock Exchange shares lost $97 billion in value in six weeks.

    With the onset of the embargo, U.S. imports of oil from the Arab countries dropped from 1.2 million barrels (190,000 m³) a day to a mere 19,000 barrels (3,000 m³). Daily consumption dropped by 6.1% from September to February, and by the summer of 1974, by 7% as the United States suffered its first fuel shortage since the Second World War

    ReplyDelete
  22. Sabahans should view Petronas’ contribution to the development of the state’s oil and gas sector positively..

    there was no doubt that Petronas was already contributing to the state’s economy especially in terms of creating employment and business opportunities.

    all Petronas petrol stations in the state is 100 per cent owned by locals and this does not include opportunities for local contractors to take part in the massive projects undertaken by the national oil corporation in Kimanis and Sipitang..

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  23. Petronas’contribution to the state must be viewed in the overall context and not from the point of royalty alone.

    Petronas has been forging ahead with upstream and downstream oil and gas projects involving a combined capital investment of RM45 billion.

    up to August last year, Petronas had invested about RM61bil in the upstream and downstream activities of Sabah’s petroleum sector, thus contributing significantly to the state’s development.

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  24. The oil corporation was now moving full steam ahead with attention focused on Petronas’ massive investment in Kimanis and Sipitang, which included the Sabah Oil Gas Terminal, the Kimanis Gas Fired Power Plant Ammonia and the Urea Plant Project in Sipitang.

    The overall petronas investments in this state will result in great economic spin-offs for thousands of Sabahans residing in Papar, Kimanis, Beaufort and Sipitang.

    ReplyDelete
  25. chief minister Datuk Seri Musa Aman assured that the state government would extend its full support and assistance to facilitate Petronas-related activities in Sabah.

    Citing the Sabah Ammonia-Urea plant project owned by Petronas Chemicals Group Bhd in Sipitang, Musa said Sabah firms were set to be awarded contracts worth some RM600 million in the project.this also signifies the earnestness of Petronas in giving Malaysians in Sabah opportunities to be players in the business of oil and gas..

    ReplyDelete