KOTA KINABALU (June 19): Federal Government should show commitment and sincerity in honouring Malaysia Agreement 1963 (MA63) and Federal Constitution by not filing an appeal to Federal Court against the Court of Appeal decision in dismissing the Federal Government’s appeal in the Sabah Law Society’s (SLS) 40% net revenue judicial review suit, said Sabah Progressive Party (SAPP) Supreme Council member cum Youth Movement Vice Chairman Yong Yit Jee.
On 18 June 2024, the Court of Appeal has dismissed the Federal Government’s appeal against the High Court decision dated 11 November 2022 in granting leave to SLS for judicial review against the Federal Government’s failure to conduct a review of the 40% special grant due to Sabah under the Federal Constitution.
Yong, a lawyer, welcomes the Court of Appeal’s decision and congratulates SLS on its win. He also urges the Federal Government not to file for leave to appeal to Federal Court against the Court of Appeal decision.
“Many promises have been made by the Federal Government over the years. However, MA63, especially this 40% net revenue entitlement, has been consistently side-lined or given empty promises.”
“Echoing the statement of Datuk Roger Chin, the immediate past president of SLS, this 40% special grant should be free from federal oversight and Sabah should be allowed to exercise its financial autonomy fully,” he said.
Yong also said the Federal Government’s attitude towards this 40% special grant is particularly insulting. To announce that there’s an increased allocation by the Federal Government to Sabah compared to previous years is essentially an insult to Sabahans’ intelligence. Those funds allocations are for specific operational expenditures within Sabah, which is tightly controlled and subject to Federal Government, and do not flow directly into state’s coffers.
“Needless to say, this 40% special grant is completely different. It represents a share of revenue generated within Sabah and goes directly to state’s coffers where Sabah State Government could exercise autonomy over their use.”
Therefore, Yong urges the Federal Government not to file for leave to appeal to Federal Court against the Court of Appeal decision. Better yet, simply don’t oppose SLS’s suit. Rather than continue to trivialise and undermine Sabah’s aspirations on MA63, make amends now before it’s too late.