By Daniel John Jambun, Borneo’s Plight in Malaysia Foundation (BoPiMaFo
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) refers to the decision of the Court of Appeal Malaysia granting a stay of execution in Sabah’s 40% revenue entitlement case.
Let us be absolutely clear:
This is not a victory for justice.
This is a victory for delay.
1. SABAH’S RIGHT REMAINS — BUT ITS ENFORCEMENT IS FROZEN
The Court did not overturn the High Court decision.
The Court did not say Sabah is not entitled.
The Court did not dispute Articles 112C and 112D.
Instead, the Court has done one thing:
It has paused the consequences of the Federal Government’s failure to comply.
This means:
Sabah’s constitutional right still exists
But Sabah cannot enforce it
And the Federal Government walks away — for now
This is not justice delivered.
This is justice postponed.
2. “COMPLEXITY” IS NOT AN EXCUSE — IT IS AN ADMISSION OF DECADES OF FAILURE
The Federal Government argued:
the calculations are complex
the data is voluminous
the financial impact is significant
Let us respond plainly:
This obligation has existed since 1974.
If the Federal Government today claims it cannot compute what it owes —
then it is effectively admitting that it has failed to properly account for Sabah’s constitutional rights for over 50 years.
Complexity is not a justification.
It is evidence of systemic neglect.
3. THE TIMING EXPOSES THE REAL STRATEGY — DELAY, NOT COMPLIANCE
Let us not ignore the sequence:
The High Court gave 90 days for review
That deadline passed
Only then did the Federal Government seek a stay
This is not coincidence.
This is strategy.
Delay the process
Avoid immediate compliance
Push the issue into prolonged litigation
This is not governance.
This is evasion dressed up as legal process.
4. THE FEDERAL GOVERNMENT ADMITS THE RIGHT — BUT REFUSES THE RESULT
Even more telling:
The Federal Government does not deny Sabah’s entitlement.
It only disputes:
the formula
the method
the outcome
Let us call this what it is:
An acceptance of principle — combined with resistance to consequence.
In simple terms:
“Yes, Sabah has the right.”
“But no, we are not ready to honour it.”
5. A STAY DOES NOT ERASE THE CONSTITUTION
The Malaysian public must understand this clearly:
A stay of execution does not mean Sabah has lost.
It means:
The Federal Government has been given more time
To delay compliance with a constitutional obligation
The right remains.
The debt remains.
The injustice remains.
6. THIS IS NO LONGER JUST A LEGAL ISSUE — IT IS A TEST OF POLITICAL HONESTY
The question now shifts to the leadership of Anwar Ibrahim:
If the Prime Minister truly believes in:
rule of law
consistency
fairness
Then the question is simple:
Why must Sabah fight in court for what is already guaranteed in the Constitution?
And more importantly:
Why is every step forward met with another delay?
7. SABAH MUST NOT BE PUSHED BACK INTO NEGOTIATION WITHOUT JUSTICE
With this stay, Sabah is effectively pushed back into:
negotiations
discussions
technical committees
But let us be clear:
Sabah has negotiated for decades.
Sabah has waited for decades.
Sabah has been patient for decades.
What Sabah is demanding today is not negotiation — it is compliance.
THIS IS A PAUSE IN JUSTICE — NOT THE END OF THE FIGHT
The Court has not taken away Sabah’s right.
It has merely allowed the Federal Government more time to delay honouring it.
BoPiMaFo therefore states:
This fight is far from over
The constitutional right remains intact
And Sabahans will not accept indefinite postponement disguised as process
Because in the end:
A right delayed for too long becomes a right denied.
And Sabah has already waited long enough.
