By J. Ligunjang JP,
Former State Assemblyman
KOTA KINABALU: Today marks a pivotal moment in Malaysia’s constitutional history as the High Court in Kota Kinabalu issued a landmark and historic decision to uphold Sabah’s right to a 40% share of all federal revenues, in strict accordance with Articles 112C and 112D of Part V of the Tenth Schedule in the Federal Constitution.
The court’s ruling orders the federal government to conduct a comprehensive review of Sabah’s revenue entitlement from 1974 to 2021 within 90 days, and to negotiate and reach an agreement within 180 days.
This decision stands as a testament to the rule of law and the rightful autonomy of Sabah, affirming that the federal government must respect the constitutional guarantees of the state’s rights to its fair share of national revenues.
It is a victory not just for Sabah, but for justice, fairness, and the integrity of our constitutional framework.
WHAT’S NEXT?
Instead of resorting to appeals or delaying tactics, the Federal Government should demonstrate its sincerity and commitment to justice by adhering to the Mandamus Order issued by the High Court.
Fulfilling this obligation will send a strong message that the rule of law prevails and that the federal government values transparency, fairness, and the constitutional rights of Sabah’s people.
To facilitate a transparent and impartial review from 1974 to 2021, it is strongly recommended that both the Federal and Sabah State Governments invoke the provisions of Article 112D(6) of the Federal Constitution.
This provision allows for the appointment of an independent, internationally recognized Assessor,a neutral and expert body,to conduct a fair, thorough, and binding assessment of federal revenues allocated to Sabah. Such an approach ensures credibility, objectivity, and public trust in the process.
Let this landmark ruling be a catalyst for renewed trust, justice, and accountability. Justice for Sabah’s people is not just an aspiration; it must be a reality. The time for action is now.
Thank you, Sabah Law Society, and may this ruling pave the way toward a brighter and more equitable future for Sabah and all Malaysians.
