(KOTA KINABALU, 14 November 2025) The Federal Government’s Notice of Appeal filed today is not a “technical” or “limited” appeal. It is a direct attack on the High Court ruling that exposed nearly five decades of constitutional breach against Sabah. It also contradicts the assurance from the Prime Minister’s Office and Attorney-General’s Chambers on 11 November, which claimed only “defects in reasoning” would be appealed.
The appeal filed is far broader. It challenges the core findings that give Sabah’s 40% entitlement real effect, including:
• the finding that no lawful review took place after 1973,
• the declaration that the 2022, 2023 and 2025 Gazette Orders were unconstitutional,
• the findings that both the Federal and Sabah Governments breached their constitutional duties,
• the orders for constitutional damages and accounting, and
• the requirement for a fresh constitutional review under Article 112D.
These are not minor issues. They are the enforcement pillars that prevent the 40% entitlement from becoming “law on paper” without practical effect — the very injustice Sabah suffered for 48 years from 1974 to 2021.
For days, DAP Sabah praised a supposed “non-appeal.” Now that the appeal is filed, Sabahans deserve clarity:
Do DAP Sabah, Warisan, and all Sabah leaders in the Madani Government support this Notice of Appeal — yes or no?
Their silence is no longer acceptable.
DAP Ministers and Warisan representatives in the Madani Government cannot hide behind statements and press releases.
By remaining in Cabinet while this appeal proceeds, they are complicit in this attack on Sabah’s rights.
If they truly stand with Sabah, if they truly believe in MA63 and constitutional justice, they must resign immediately.
Sabahans deserve leaders who defend Sabah without fear, not those who cling to federal positions while a historic court victory is being challenged. A leader who will not confront their own Federal Government cannot claim to defend Sabah’s future.
Sabah’s 40% entitlement is not a favour, not a negotiation point, and not a political slogan. It is a constitutional guarantee written clearly in Article 112C and the Tenth Schedule. Any attempt to weaken the judgment that enforces it is a betrayal of Sabah and a betrayal of MA63.
If the Federal Government is sincere, it must withdraw the Notice of Appeal entirely and implement the 40% entitlement transparently, immediately, and without conditions. Anything less is strategy, not sincerity.
Lawyer Yong Yit Jee
Supreme Council Member cum Vice Youth Chief
Sabah Progressive Party (SAPP)