KOTA KINABALU: The High Court decision allowing a review on Sabah’s 40% net revenue entitlement is a great victory for Sabah, said Datuk Seri Dr Jeffrey Kitingan.
The Sabah STAR president and caretaker deputy chief minister I, in conveying his congratulatory message, said that the judgement delivered by Justice Datuk Celestina Stuel Galid confirmed what has been fought for all these years.
He also commended Sabah Law Society lawyers Datuk Roger Chin, Datuk Dr David Fung, Jeyan Marimuthu, Janice Jinnie Lim and their team for their brilliant work in articulating and arguing the case.
“They are all patriots and true Sabahans,” said Kitingan who is elated that Sabah finally received justice.
“They obtained a declaration which stated that the Federal Government failure’s to hold the second review in the year 1974 with the State Government of Sabah is a breach and contravention of its constitutional duty stipulated under Article 112D, Clauses (1), (3), and (4) of the Federal Constitution,” he said.
He said the court held that the 40% entitlement remains due and payable by the Federal Government to the State Government of Sabah for each consecutive financial year from the year 1974 to 2021, a total of 48 years (“the lost years”).
Kitingan recapped the SLS’s argument that the Federal Government failure to pay the 40% during these 48 years is a breach of the fundamental right of the State Government of Sabah and ultimately of the people of Sabah as enshrined under Article 13 of the Federal Constitution.
“This is a great victory not only for the SLS but also to the people of Sabah as a whole. The 40% entitlement is something I have always fought for, debated and presented numerous times.
“In my book 'Justice for Sabah' published in 2006, I raised the issue of Sabah’s entitlement to the 40%. I have raised the matter since 2013 when I was first elected to the state assembly and in Parliament after winning the parliamentary seat of Keningau in 2018,” he said.
As to the Federal Government’s right to appeal the decision and stay of execution, Kitingan feels that it would be better if the Federal Government does not appeal and focus on implementation of the Court ruling.
“This means we are on the right track to demand the rights under the Malaysia Agreement 1963 (MA63) and the Federal Constitution from the Federal Government.
“Sabah must take all the necessary steps to ensure that the Federal Government respects the MA63 and Sabah rights,” he said..
Kitingan said as the state elections draw near, the people of Sabah will have to choose who they want to negotiate on behalf of the people of their rights.
He said Sabah STAR and Sabah Progressive Party (SAPP) had continuously fought without reservation and fear to get Sabah’s full entitlement.
