[UPDATED] No means no: Art Harun stands ground on disallowing Petronas-Sulu claims debate

KUALA LUMPUR – Dewan Rakyat speaker Tan Sri Azhar Azizan Harun has stood his ground to not allow debates on the seizure of Petronas assets by Sulu claimants, as he opined that this would compromise the government’s international response to the situation.

“Do we want to debate this? I don’t know what will be said, the government’s strategy is revealed, and there are criticisms of it.

“Then the other side can learn (our strategy). 

“Would that not hurt the government’s interest in its litigation proceedings? Do we want to show our strategy to the world?

“The first rule of litigation is the element of surprise; the first rule of war is the same,” he told the Dewan Rakyat today, adding that it was his responsibility to ensure that the government’s strategies were not revealed.

Additionally, he also claimed that motions were filed under an unsuitable standing order of the Dewan Rakyat. 

He said that since the matter was brought up by MPs who wish to debate as well as call for relevant ministers to explain the situation, Section 18(2) of the parliamentary standing order should not have been cited, as the section only allows for discussions, not debates. 

“If they want answers (from the ministers), they should have filed for a written response,” he said, adding that there will be no debates or vote-taking under the said section which he claims has been “misunderstood” by a majority of MPs. 

“99% of MPs who submit motions through Section 18(2) are seeking to clarify this and that, but under the section, there is no allocation for debates.”

Azhar was responding to opposition leader Datuk Seri Anwar Ibrahim (Port Dickson-PH) who had pointed out that the Foreign Affairs Ministry should be able to shed light on why Malaysia had ended the annual cession payment of RM5,300 to the Sulu sultanate following the Tanduo incursion in 2013. 

“The reasons behind the ceasing of payment have nothing to do with the ongoing court trials. “If a motion on the matter is brought up, don’t refuse it just because foreign courts are involved,” he pressed.

“If we were to (steer clear of topics because of the involvement of overseas courts), then we would not be able to debate other important matters such as the 1Malaysia Development Bhd financial scandal, among others.” 

In response, Azhar reiterated that the matter is sub judice, as there are ongoing litigation proceedings in Paris and Spain courts which consider the ending of payment from Malaysia to the Sulu sultanate. 

“It is clear that the (ending of payment) is a co-issue in ongoing litigation…this is sub judice in my opinion,” he said. 

On Monday, the Dewan Rakyat had started off its session with an intense round of shouting, leading to Azhar fleeing the august house after coming under fire when opposition lawmakers questioned why the motion to debate the seizure of Petronas assets by Sulu authorities was rejected. 

Heading the group of MPs who were dissatisfied with his decision was Isnaraissah Munirah Majilis (Kota Belud-Warisan), who was later handed a two-day suspension by interim deputy speaker Datuk Mohd Rashid Hasnon (Batu Pahat-Bersatu). 

Isnaraissah said that she had filed three motions previously before the reported seizure on July 12, stressing that the matter has to do with national sovereignty and warned that the country stands to lose more assets if it does not end the claims of the Sulu sultanate heirs. 

The seizures of the two Petronas subsidiaries by the Luxembourg authorities recently took its cue from a French arbitration court decision to award US$14.9 billion to the Sulu Sultanate heirs. 

The move was said to be part of legal efforts launched in 2017 by the heirs to receive compensation over land in Sabah, which they claimed their ancestor had leased to a British trading company in 1878. 

Yesterday, Prime Minister Datuk Seri Ismail Sabri Yaakob had given his assurance that the government will protect the country’s assets using all channels available. 

He added that he was made to understand that Petronas and Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar would soon explain to Parliament the seizure of the assets in Azerbaijan. 

Last Tuesday, the Paris Court of Appeal allowed the Malaysian government’s application to stay the enforcement of the Final Award issued by the arbitration court on the grounds that it would affect the immunity of Malaysia’s sovereignty. 

Subsequently, Wan Junaidi said that the cabinet agreed to set up a special task force to examine, monitor and formulate appropriate legal action to address the issue of claims by the heirs of Sultan Jamalul Kiram II (sultan of Sulu) against the Malaysian government. – The Vibes, July 20, 2022