Sabah's 40% special grant cannot be displaced by mere political agreement, says constitutional expert

KOTA KINABALU: Sabah's special grant for the return of 40% of the state's revenue provided under the Federal Constitution cannot be set aside by mere political or administrative arrangements, says constitutional expert Emeritus Prof Datuk Dr Shad Saleem Faruqi (pic).

He said though government policies, circulars, and gazettes in this country could overwrite a law, it should not be done that way.

"I know the attitude in this country is the government policy (dasar kerajaan) or the government circular (pekeliling kerajaan) or gazette (warta kerajaan) can overwrite the law, but a law cannot be displaced by a mere political policy or agreement," he said when giving his views of the Constitutional provisions under Article 112D and 112C on Sabah's 40% rights on its revenue.

Any changes needed the formal order by the Yang di-Pertuan Agong, he said during a webinar entitled "Negotiate The Special Grant Conferred by Article 112D Thus Extinguishes Sabah's 40% Rights Conferred by Article 112C of The Federal Constitution?" organised by the Wisdom Foundation.

Prof Shad Saleem said that it was not known whether there was an order by the King on the issue of Article 112D.

"There is some gazette notification but is it on the order of the Yang di-Pertuan Agong? Was it done with the agreement of both the government of Sabah and the Federal or is it simply a treasury order?" he said.

Prof Shad Saleem said Sabah needs to be united and work together for mutual agreement in their negotiations with the Federal Government.

"The beginning point is 40% because that is the law today. Until that is changed, that is the baseline. However, it can go up and down but it cannot be unilateral.

"Also an independent assessor under 112D is required by the Constitution if no agreement can be reached between the state and Federal Government," he said.

"Non-payment of a debt is a denial of the right to property under Article 13 of the Federal Constitution, therefore, Sabah can go to court to recover money that was not paid since 1973," added Prof Shad Saleem.

Recently, Sabah with the Federal Government agreed to an RM125mil special grant annually with Chief Minister Datuk Seri Hajiji Noor saying they would continue to pursue the Constitutional right for the 40% return of federal revenue from the state.