KUCHING: Parti Pesaka Bumiputera (PBB) political veteran Datuk Seri Wan Junaidi Tuanku Jaafar was amazed by former attorney-general Tommy Thomas who daringly claimed that Pakatan Harapan (PH) was the first to have committees to look into the implementation of the Malaysia Agreement 1963 (MA63).
While he agreed that PH had initiated the three-layer technical committees, Wan Junaidi said he could not see if its later promise to increase the oil and gas cash payment for Sarawak was fulfilled.
“I agree that there was a high-powered committee and three technical committees formed by the PH government, but except for the unfulfilled promise of payment mentioned above, there was none that I know of.
“I don’t think there is anything to shout about in terms of the success of Sarawak and Sabah’s claims under the PH Administration from May 2018 to March last year,” he told New Sarawak Tribune when asked to comment over claim by Tommy Thomas in his book “My Story: Justice in the Wilderness”, praising PH for setting up several committees for MA63, a document that spells out the terms for Sarawak and Sabah’s entry into the newly formed Malaysian federation that year.
Thomas claimed that the three committees formed by PH to look into the implementation of MA63 which among other things would give Sarawak and Sabah certain autonomies marked the first time the problems faced by the two states were discussed.
The Santubong MP, who is Minister of Entrepreneur Development and Cooperatives, also said despite many meetings, the efforts to increase the oil and gas cash payment for Sarawak during PH administration had been always disparaging.
In pointing out that the major coup for Sarawak to success in claiming its oil and gas revenue at the High Court on the sale tax law was achieved only after the change of government, Wan Junaidi said the greatest stumbling block to materialise the efforts during PH government was the lack of its political will.
“The material success for the claims by Sarawak culminated in the Sarawak and Petronas Agreement 2020 and the withdrawal of an appeal by Petronas against Sarawak success at the high court on the sale tax.
“The question that begs answers is why was Petronas willing to agree to the payment of sales tax and the oil and gas deal with Sarawak during PN government time?
“Why was PH not able to convince Petronas that Sarawak deserved to get their rights under the laws? The answer is the lack of political will on the part of the federal government under PH.
“Most probably the advisors from the PH administration might not be in favour of giving the Sarawak their rights, and thus advised the PM accordingly.
“After all, Petronas was reporting to the prime pinister. And if the PM advisors were not giving favourable advices then, that might have been the reason for the unfavourable outcome for Sarawak,” he said.
Thomas, in his book, had accused Petronas of being the “greatest stumbling block” to the PH’s government promise to increase cash payments on oil revenues to Sarawak and Sabah from five percent to 20 percent.
He also claimed he had reminded Mahathir of the promise, saying amending laws for the purpose would be “as easy as pie”.
The Sarawak government later imposed a five percent sales tax on Petronas’ petroleum products under the state’s Sales Tax Ordinance 1998. The move would mean Petronas paying some RM2 billion, which the national oil company said was unconstitutional.
Thomas claimed he refused a request by then-managing director of Petronas Wan Zulkiflee Wan Ariffin that Putrajaya back a suit by the company to challenge the move. Petronas then approached Mahathir and Lim Guan Eng, he pointed out.
“Lim Guan Eng, noted for his persistence, telephoned me, and asked me to get the federal government to intervene. I stood my ground. The minister was not happy. Neither was Petronas,” Thomas wrote.
In March 2019, the Kuching High Court ruled that the two states had the right to impose the sales tax.
But it was only after the federal government changed hands under Prime Minister Tan Sri Muhyiddin Yassin that Putrajaya agreed to settle the RM2 billion sales tax, and to speed up other oil-related demands from Sarawak.
