KOTA KINABALU: The 90-day mark in the High Court order to review Sabah’s 40% net revenue entitlement is almost here, but there has yet to be a significant update, says Datuk Roger Chin (pic).
The nominated assemblyman, the primary mover seeking a judicial review of the matter, said this apparent lack of tangible progress is concerning.
He added that although one meeting has been held, which technically shows that the review process had begun, no genuine or meaningful negotiations of the kind instructed by the court have taken place.
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"To date, there has been only that one meeting," he said on Wednesday (Jan 14).
Chin said such clarification was necessary, but there has not been any substantive engagement or agreement on the core issues required to give effect to the judgment.
He said there was no indication of negotiations on the quantum, no agreed-upon methodology, no disclosure supporting an accounting exercise, and no concrete timeline to achieve compliance to the Oct 17, 2025 court order.
Further, a second meeting scheduled for Dec 19 was postponed by the Federal Government, he said, and no new date has been fixed.
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Chin said this postponement, which was made without explanation, rescheduling, or substantive follow-up, reinforced concerns over the absence of urgency and seriousness required by the judgment.
"At the 90-day mark, half of the period envisaged by the Court for reaching an agreement has elapsed.
"A single preliminary meeting, followed by a postponed engagement with no replacement date, cannot reasonably be characterised as good-faith compliance with the court’s orders," he said.
Chin said this situation is deeply concerning because the judgment envisaged serious, active, and bona fide engagement, not isolated or intermittent discussions that do not advance the prospect of agreement.
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The lack of substantive progress at the 90-day mark does not bode well for achieving compliance within the 180-day timeframe mandated by the court, he stressed.
He said a review under Article 112D is not satisfied by isolated or intermittent discussions.
"The judgment of the Court imposes binding and enforceable legal obligations. Minimal engagement followed by open-ended postponements cannot reasonably be characterised as compliance," he added.
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Chin said the continued failure to engage meaningfully not only jeopardises compliance with the court-ordered timeline, but also undermines the review process expressly directed by the judgment.
This exposes the respondents, namely the Federal and state governments, to a real risk of further legal consequences, he added.
On Oct 17, Kota Kinabalu High Court judge Justice Datuk Celestina Stuel Galid ruled that the Federal Government breached the fundamental rights of the state government of Sabah and its people by failing to honour the 40% net revenue entitlement.
Her findings meant that the 40% entitlement remains due and payable by the Federation to the State of Sabah for each consecutive financial year for the period from 1974 to 2021.
