Malaysia

[UPDATED] 40% special grant issue: Sabah Pakatan reps initiate legal action

State pact chairman Datuk Christina Liew among opposition lawmakers involved

Updated 4 years ago · Published on 03 Jun 2022 10:18AM

[UPDATED] 40% special grant issue: Sabah Pakatan reps initiate legal action
In March, the opposition coalition threatened legal action to challenge the validity of the parliamentary response given by Finance Minister Datuk Seri Tengku Zafrul Abdul Aziz on Sabah’s special grant. – JASON SANTOS/The Vibes pic, June 3, 2022

by Jason Santos

KOTA KINABALU – Pakatan Harapan (PH) reps in Sabah have filed an originating summons to seek a court declaration on the state’s special grants and revenue assignments, naming the federal and state governments as defendants.

At a press conference today, Sabah PH chairman Datuk Christina Liew said the legal action is supported by six MPs and seven assemblymen.

The group is seeking a declaration from the court that the Article 112C and Section 2(1) of Part IV of the 10th Schedule of the federal constitution still applies and is enforceable. 

They also sought the court to declare that the review of the grants should have been performed in 1974 and in subsequent decades, while a review in 2022 pursuant to Section 112D of the federal constitution is unconstitutional.  

The Sabah PH representatives also seek the court to compel the federal government to reveal the revenue collected from the state to correctly calculate the 40% entitlement that Sabah should be getting. 

They also said the joint statement issued by the Prime Minister Datuk Seri Ismail Sabri Yaakob and Sabah Chief Minister Datuk Seri Hajiji Md Noor on the revised special grant to RM124.6 million from RM26.7 million on April 14 was unconstitutional, as it does not adhere to the constitutional provisions. 

The elected reps present at the court complex here today were Liew, Sabah DAP chairman Datuk Frankie Poon, Kota Kinabalu MP Chan Foong Hin, Kapayan assemblyman Jannie Lasimbang, Likas assemblyman Tan Lee Fatt, Kadamaian assemblyman Datuk Ewon Benedick, Putatan MP Awang Husaini Sahari, Inanam assemblyman Peto Galim and others. 

Also present was lawyer and Upko secretary-general Nelson Anggang. 

He said the filing of the summons stem from the differences of interpretation of the two constitutional provisions between the state and federal. 

The difference in the interpretation led to the fixing of the annual payments to Sabah at RM26.7 million in 1974, and subsequently declared invalid as stated by Finance Minister Datuk Seri Tengku Zafrul Abdul Aziz in a parliamentary reply.

This is the first time a group of Sabah elected representatives have brought the 40% revenue entitlement case to the court.

In March, the opposition coalition threatened legal action to challenge the validity of the parliamentary response given by Finance Minister Datuk Seri Tengku Zafrul Abdul Aziz on Sabah’s special grant.

Leaders of Upko, Sabah PKR, Sabah DAP, and Sabah Amanah had said if the state government failed to get the 40% revenue return in a month, they will be taking the case to court. – The Vibes, June 3, 2022

Related News

Opinion / 1w

The Malaysia Agreement 1963: Grievances and expectations in Sabah and Sarawak

Malaysia / 1w

Budget 2027: Sabah, Sarawak to receive RM34.9b in federal allocations next year

Events / 2w

Sarawak and Sabah play key roles in weathering climate change

Malaysia / 3w

Address security concerns and let concert proceed – former Sabah CM

Malaysia / 1mth

A message from our publisher and chairman

Malaysia / 1mth

Sabah leaders condemn priest and nun joke at UMNO PAU

Spotlight

Malaysia

Young Malaysians record highest rates of depression - Dr Dzulkefly

By Alfian Z.M. Tahir

Malaysia

Bandar Utama schoolgirl stabbing: Court allows media coverage, orders teenager’s identity protected

Malaysia

LLM apologises for TuJu navigation disruptions amid surge in users

By Alfian Z.M. Tahir

Malaysia

3,510 medical officers resign, more than half join private sector

Malaysia

Police await AGC’s directions on Negeri Sembilan MB’s forced-signature claim

Malaysia

Truck drivers top list of motorists caught driving under influence of drugs in Penang

Malaysia

Govt approves 17 measures to tighten airport security after alleged drug-smuggling case

Malaysia

Waze ban driven by legal, data security concerns, says Gobind

Malaysia

Police to disclose findings on Kuching school attack next Tuesday

You may be interested

Malaysia

Anwar: Trust-based dialogue key to lasting peace in Southern Thailand

Malaysia

Police warn Malaysians against drug mule traps after 72 arrested overseas

Malaysia

Police record 186,257 drug arrests with seizures hitting RM2.85b

Malaysia

Ismail Lasim insists he remains Negeri Sembilan MB

Malaysia

Civil servant remanded over alleged RM30m bribes to cut RM140m in assessment taxes

Malaysia

Selangor declares Oct 26 replacement public holiday for Sultan’s Silver Jubilee

Malaysia

Akmal to sell beloved motorcycle, tilapia to pay RM300,000 to Teresa Kok

By Alfian Z.M. Tahir

Malaysia

AKPS chief to remain on duty unless directed otherwise, says lawyer

By Alfian Z.M. Tahir