Malaysia

 PM’s claim of compliance on Sabah’s 40% share conflicts with court ruling, says Roger Chin

Anwar’s parliamentary defence of special-grant reviews contradicts High Court findings on federal constitutional breach.

Updated 10 months ago · Published on 26 Oct 2025 2:28PM

 PM’s claim of compliance on Sabah’s 40% share conflicts with court ruling, says Roger Chin
Chin was the lawyer who filed for the review when he was president of SLS in June 2022. - October 26, 2025

by Jason Santos

FORMER Sabah Law Society (SLS) president Roger Chin has refuted Prime Minister Anwar Ibrahim’s claim that the Federal Government has complied with its constitutional obligations to Sabah through review exercises in 2022, 2023, and 2025.

Chin said the High Court’s 17 October ruling found that the omission of the second review in 1974 was a breach of Article 112D and that later gazette orders did not cure that constitutional breach.

“Those gazette reviews from 2022 to 2025 were constitutionally ineffective because they ignored the 40 per cent formula and were not conducted jointly with the State Government.

The Court reaffirmed that the 40 per cent entitlement remains the law. Any review that omits that calculation cannot be said to comply,” he said.

Chin was the lawyer who filed for the review when he was president of SLS in June 2022. 

PM’s statement and figures

In his 22 October parliamentary address, Anwar said reviews were “lawful and consistent with Article 112D” and raised Sabah’s allocation from RM26.7 million in 2021 to RM125.6 million (2022), RM300 million (2023) and RM600 million (2025). The latest payment, made on 10 September, was described as interim while a new formula is developed.

Chin said the Court’s declaration made clear that no executive order or gazette can override the Constitution.

“What remains of those orders has no legal force where they contradict the Court’s declaration,” he said.

He added that the RM600 million special grant was recognised by the Court as a temporary measure, not compliance.

“The Court recognised the RM600 million as an interim measure. It is a gesture, not compliance.”

Deadlines and implications

Under the judgment, the Federal and Sabah governments must start a proper review within 90 days and reach agreement within 180 days, using the 40 per cent formula. The first deadline falls in mid-January 2026.

Chin said genuine compliance requires a joint, transparent process involving disclosure of federal revenue figures derived from Sabah. Any delay, he warned, would constitute continued breach.

The issue has since taken on political weight ahead of the 29 November state election, where the unity-government partners GRS, BN, and PH are competing separately. For many Sabahans, the 40 per cent entitlement has become a litmus test of Putrajaya’s sincerity under MA63.

“This is about constitutional honour, not politics,” Chin said. “The Constitution has spoken; it is time to comply.” - October 26, 2025 

Related News

Malaysia / 1d

Sabah poverty figures, tourism ranking among Malaysia’s quieter gains, says World Bank economist

Opinion / 2d

Merdeka: This is our Malaysia – and you will not take it from us

Malaysia / 3w

Sabah and Sarawak can become 'kingmakers', determine who will lead Federal government

Malaysia / 3w

Warisan keeps Sabah pact talks open, pushes for local parties to contest 25 seats

Malaysia / 1mth

Documents for review of Penang lease payments ready, says Kedah MB

Malaysia / 1mth

Sabah does not agree to 200-litre diesel quota, forms special committee - Masidi

Spotlight

Malaysia

Singapore could bar under-18s from social media platforms that fail safety test

Malaysia

College student dies after falling from 22nd-floor condominium in Setapak

Malaysia

PM praised for ‘Medeka Day’ reforms; More needed to cope with rising costs – Guan Eng

By Ian McIntyre

World

Tupac Shakur murder case ends after 30 years as ex-gang leader found guilty

Malaysia

Unidentified man found dead in Sungai Buloh drain as police probe suspected murder

Malaysia

Four killed, four injured in 11-vehicle Pahang highway crash

Malaysia

Sarawak haze crisis deepens as five areas hit hazardous air quality

Opinion

Would the United States use nuclear weapons against Iran?

Malaysia

Tajikistan eyes bigger role for Malaysia in Central Asian market

By Alfian Z.M. Tahir

You may be interested

Malaysia

Higher BUDI fuel quotas may help ease inflation, economist says

Malaysia

Ultraman costume raises security alarm at Perak National Day celebrations

Malaysia

Father found still clutching son’s leg after both drown at Johor Beach

Malaysia

AI could become Malaysia’s next productivity engine — from SMEs to public services

Malaysia

Jets soar over Putrajaya as air show steals spotlight at 69th National Day

Malaysia

Loke’s ‘habis madu, sepah dibuang’ post raises eyebrows after Ong quits DAP

By Alfian Z.M. Tahir

Malaysia

Cloud seeding to target Sarawak haze and water shortages from Sept 3

Malaysia

Tun M not automatically invited to National Day Celebrations, Secretariat says