KOTA KINABALU: Sabah needs to insist on a proper review of its 40% revenue entitlement and secure its constitutional rights, said Datuk Seri Dr Jeffrey Kitingan.
The Sabah STAR president and former deputy chief minister said while the Court of Appeal ruling to stay the High Court's judgement on the 40% return of revenue rights was expected, the actions of the federal government against the court decision was troubling.
"Despite the purported decision of the Prime Minister and the Cabinet deliberating not to appeal the 40%, an actual appeal was filed," he said.
Kitingan said Sabahans cannot be faulted for questioning the sincerity of the federal government on payment of the 40% revenue rights to Sabah.
He said the Sabah government must be firm in its stand and steadfast in insisting that a proper review be conducted and that the actual 40% payable be agreed upon within the shortest time possible.
"Notwithstanding the stay, there is no excuse not to carry out the mandatory review, much less to delay the review itself," he said.
He said a speedy review will see the actual 40% for 2026 honoured by the end of 2026, adding that if no agreement is reached between both governments, then Article 112D(6) can be invoked for the appointment of an independent assessor to determine the actual 40% payable.
Sabah Umno chief Datuk Jafry Ariffin said that the 40% revenue entitlement, as provided under the Malaysia Agreement 1963, is crucial in addressing Sabah's infrastructure gap compared to other states.
"The funds are important to support development, especially in improving infrastructure, where Sabah is still lagging behind," he said.
On whether the matter would be raised at the upcoming Umno General Assembly in Kuala Lumpur, Jafry said it would depend on individual divisions.
"We cannot direct them, but usually, divisions will bring up such motions to be debated at the national level," he said.
On Monday (April 6), the Court of Appeal in Putrajaya granted the federal government a stay of the Kota Kinabalu High Court's order on Sabah's 40% revenue entitlement, effectively suspending the 90-day review and 180-day agreement deadlines pending the appeal.
Meanwhile, six Parti Warisan assemblymen in Sandakan have collectively rejected the Court of Appeal's decision to stay the 40% revenue entitlement order.
In a joint statement, Elopura's Calvin Chong, Lisa Alban (Sungai Sibuga), Alias Sani (Sekong), Arunanarsin Taib (Gum-Gum), Alex Wong (Karamunting) and Alex Thien (Tanjong Papat) said this was not just a legal stay but a return to square one after waiting 50 years.
"The 40% entitlement is not a suggestion. It is not a gift. It is a Constitutional debt.
"Justice delayed is not just justice denied, it is justice stolen. We will not be silent. We will not wait for another 50 years. Sabah deserves its 40% now," they said.
A Justice4Sabah peaceful rally, organised by several non-governmental organisations, is expected to be held at the Lintasan Deasoka area in the city at 5pm on Friday.
