KOTA KINABALU: Sabah maintains its official demand that the Federal Government meet its legal and constitutional obligations concerning the 40% special grant, irrespective of the outcome in the Court of Appeal, says the state Attorney General.
Datuk Nor Asiah Mohd Yusof said this financial entitlement, rooted in the pre-formation negotiations of Malaysia and enshrined in the Federal Constitution, was a non-negotiable right of Sabah.
She said the state AG’s Chambers has not stopped and would continue to safeguard Sabah’s constitutional rights, particularly concerning the 40% net revenue special grant as enshrined in Articles 112C and 112D of the Federal Constitution.
“Our stance is fully in line with the Chief Minister’s recent statement affirming the state’s determination to uphold its constitutional rights and persist in the fight for all Sabah’s rights as outlined in the Malaysia Agreement 1963,” Nor Asiah said in a statement yesterday.
She said the state chambers had been instrumental in these negotiations, ensuring that Sabah’s legal and constitutional claims were effectively represented.
“Our consistent efforts are focused on ensuring that the Federal Government adheres to the revenue-sharing formula outlined in the Federal Constitution.
“This includes seeking compensation for the ‘lost years’ from 1974 to 2021 when there was no review of the special grant,” said Nor Asiah.
She said the state chambers would also take necessary measures to correct any misguided statement that deviate from the state’s clear and formal position on this matter.
Her statement came after Tengku Datuk Fuad Ahmad, who represented the state government, applied to be an intervener and co-appellant in the 40% special grant provisions court case between the Sabah Law Society and the Federal Government.
Fuad had said that the review of the special grant under Article 112D(4) is “mandatory but not absolute”.
The Federal Government must grant a review whenever and as required by the Sabah government, he added.
This matter has resulted in many politicians calling for Fuad’s position to be explained and for the state to clarify the matter.
Parti Bersatu Sabah had said that they would not budge in the fight to get back the 40% grant, while others like Parti Warisan had called for the state to explain Fuad’s actions, as they see this as a hindrance to the fight for state rights.
Sabah Perikatan Nasional chairman Datuk Seri Dr Ronald Kiandee had said that this intervention is seen as stopping the people of Sabah from getting their rights.
He suggested that the state government retract its intervention and review the special grant payment.
