By Daniel John Jambun, Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) takes note of the Court of Appeal hearing on the Federal Government’s stay application in Sabah’s 40% revenue entitlement case, with a decision expected on 6 April 2026.
Let us be absolutely clear:
This is not a minor procedural matter.
This is a decisive moment that will determine whether Sabah’s constitutional rights are to be respected — or postponed indefinitely.
1. THIS IS NOT ABOUT LAW — THIS IS ABOUT DELAY
The Federal Government has already lost in the High Court.
The Court has:
affirmed Sabah’s constitutional entitlement under Articles 112C and 112D
* imposed clear timelines for review and compliance
Yet instead of complying, the Federal Government now seeks a stay.
Let us call this what it is:
An attempt to delay the consequences of losing.
2. A STAY MEANS ONE THING — PUT SABAH ON HOLD
If the stay is granted, the message is simple:
Sabah’s rights can wait.
Sabah’s entitlement can be postponed.
Sabah’s people can be told — once again — to be patient.
This is unacceptable.
A constitutional right is not a favour.
It is not subject to convenience.
And it is certainly not something that can be suspended at will.
3. THIS IS A TEST OF THE RULE OF LAW
The Court of Appeal now faces a fundamental question:
Can a government that has been found liable simply press “pause” on its obligations?
If the answer is yes, then what remains of constitutional supremacy?
What message does this send to every Malaysian?
That the law binds the rakyat — but not the government?
4. THE TIMELINE TELLS THE TRUTH
The High Court gave clear deadlines.
Those deadlines have already lapsed.
Only after the pressure mounted did the Federal Government move to seek a stay.
This raises a serious and unavoidable question:
Is this application about justice — or about escaping non-compliance?
5. SABAHANS ARE WATCHING — AND WE WILL REMEMBER
The decision on 6 April 2026 will not be forgotten.
If the stay is granted, it will be seen for what it is:
A delay of justice.
If the stay is refused, it will send a powerful message:
That constitutional rights cannot be negotiated, delayed, or denied.
6. OUR POSITION IS CLEAR
BoPiMaFo stands firm:
Sabah’s 40% entitlement is a constitutional right.
Not a political promise.
Not a negotiated settlement.
Not a discretionary grant.
A right.
And rights must be honoured — not delayed.
Enough delay.
Enough excuses.
Enough political manoeuvring.
Sabah is not asking.
Sabah is entitled.
“This is no longer about whether Sabah has a right.
It is about whether the Federal Government will respect it.”
