By Daniel John Jambun, Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) takes note of the statement by Datuk Mustapha Sakmud that the Federal Government has “never disputed” Sabah’s right to 40% of net revenue derived from the State.
We respond with one clear position:
If there is no dispute, then there is no excuse.
1. RECOGNITION WITHOUT PAYMENT IS NOT COMPLIANCE
For decades, Sabah has been told:
“We recognise your right”
“We are studying the formula”
“We are refining the mechanism”
Let us be absolutely clear:
A constitutional right that is acknowledged but not implemented is a constitutional breach.
Under the Federal Constitution:
Article 112C
Article 112D
The Tenth Schedule
Sabah’s entitlement is:
mandatory
formula-based
not subject to discretion
This is not a policy matter.
This is a legal obligation.
2. YOU DO NOT NEGOTIATE A CONSTITUTIONAL DEBT
The continued reliance on:
“negotiations”
“committees”
“data verification”
“phased implementation”
is no longer acceptable.
Let us state this plainly:
You do not negotiate what is already guaranteed by law.
You calculate it.
You account for it.
You pay it.
Anything less is not governance.
It is delay.
3. “PHASED PAYMENTS” IS A PARTIAL DENIAL IN DISGUISE
The proposal of interim or phased payments raises a fundamental concern:
Is the Federal Government admitting it will continue underpaying Sabah — just more gradually?
If the right is absolute, then:
payment must be complete
payment must be timely
payment must be transparent
Anything else is a continuation of the same injustice under a different label.
4. WHERE IS THE TIMELINE? WHERE IS THE FIGURE?
The statement offers:
no final amount
no confirmed formula outcome
no repayment schedule for arrears
no deadline for full compliance
This is not progress.
This is process without resolution.
Sabah has already waited:
over 50 years.
How much longer must a constitutional right remain “under discussion”?
5. THE COURT HAS ALREADY SPOKEN — WHY IS PUTRAJAYA STILL DELAYING?
The High Court has already affirmed that the failure to properly implement Sabah’s 40% entitlement is unlawful.
This is no longer a matter of interpretation.
This is a matter of compliance with a judicially recognised obligation.
6. THIS IS NO LONGER A POLICY ISSUE — THIS IS A TEST OF GOOD FAITH
Anwar Ibrahim has repeatedly spoken of reform, fairness, and a MADANI government grounded in justice.
We now ask directly:
Is Sabah’s constitutional right part of that justice — or an exception to it?
SABAH IS NOT ASKING — SABAH IS OWED
Let the position be clear:
Sabah is not requesting assistance.
Sabah is not seeking favour.
Sabah is demanding compliance.
If the Federal Government truly does not dispute Sabah’s right, then the path forward is simple:
Declare the full amount owed
Set a binding timeline
Pay Sabah what the Constitution guarantees
Anything less confirms what Sabahans already know:
The issue was never disagreement.
The issue has always been delay.
