Malaysia

Sabah parties question motive behind summons withdrawal

They reacted strongly to Sabah PH’s decision to withdraw the summons on 40% state entitlement

Updated 2 years ago · Published on 21 Sep 2023 1:10PM

Sabah parties question motive behind summons withdrawal
Anak Negeri president Datuk Henrynus Amin says the act of withdrawing the legal suit at this crucial time has greatly weakened Sabah’s bargaining position in the fight for the fulfilment of the 40% entitlement. – The Vibes file pic, September 21, 2023

by Jason Santos

KOTA KINABALU – Two Sabah parties have questioned the motives and timing of the 12 Sabah Pakatan Harapan leaders withdrawing their originating summons on the 40% state entitlement, with one claiming their action as “highly suspicious”.  

Parti Kerjasama Anak Negeri (Anak Negeri) and Warisan both reacted strongly to the 12 Sabah PH elected representatives’ decision to withdraw the summons on grounds that there had been positive developments over the progress on the Malaysia Agreement 1963 issues under the present federal unity government. 

Anak Negeri president Datuk Henrynus Amin said the timing of their announcement was highly suspicious as it coincided with their meeting with the prime minister’s political secretary recently. 

He said the PM’s political secretary arrived in Sabah to meet the Sabah PH leaders following strong rumours about a possible leadership takeover of Sabah PH by former Chief Minister Tan Sri Musa Aman. 

“What were the real motives of these 12 Sabah PH leaders who are members of Parliament and state assemblymen who unexpectedly dropped their legal suit.”

He said these 12 Sabah PH leaders should tell their voters and supporters what was discussed during the meeting with the PM’s political secretary. 

“Was it about the upcoming state general election? Were they told to withdraw their legal suit on the 40% state entitlement?”

He said the act of withdrawing the legal suit at this crucial time has greatly weakened Sabah’s bargaining position in the fight for the fulfilment of the 40% entitlement. 

He said it was no coincidence that a similar court case involving Sabah Law Society’s legal suit for a judicial review of the 40% entitlement due to be heard on September 14 was being postponed to May next year.

“The people of Sabah should be wary of elements within the federal government who are deliberately trying to disrupt or stop the legal proceedings on the 40% state entitlement by whatever means.”

He said after getting appointed into lucrative positions, and perhaps, gaining special favours for their support of the federal policies, Sabah PH leaders have become complacent and compliant, or even subservient.

Henrynus who was formerly the member of Parliament for Kinabalu (now Ranau) has described the excuses given by the Sabah PH leaders to withdraw their case as very flimsy, speculative and mere conjecture.

He expressed doubt there would be a second review of the 40% entitlement under Article 112D of the Federal Constitution after only two years.

He said there is nothing new about the 40% entitlement being on the Federal agenda since matters related to MA63 have always been on the state-federal agenda, and the successive federal government has set up committees to resolve the state demands for MA63.

“Sabah should not be begging to be paid the 40% entitlement when it was a Federal obligation to comply with the financial provisions for Sabah in the Federal Constitution.”

“The starting point to discuss the amount of special grant payable to Sabah as provided for by the Federal Constitution is the 40% formula, not the decision of the Prime Minister.”

He said the review provided for under Article 112D was to review the Federal compliance or non-compliance, not to change the 40% formula.

“The potential loss of the 40% entitlement will be a total shock to all Sabahans in the same light as the State losing the oil and gas right to the Federal Government in 1976.”

He said the federal minister and Upko president, Ewon Benedick, had echoed the assurance made by Sabah Deputy Chief Minister Datuk Dr Jeffrey Kitingan, that the 40% entitlement would be resolved within a year, or by July 2024. 

Meanwhile, Warisan leader Chin Tek Ming also criticised the 12 Sabah Pakatan Harapan state lawmakers and party leaders, stating that there was no conflict of interest in pursuing the state’s 40% revenue entitlement.  

He said Sabah PH leaders being in the cabinet and holding positions in government-linked companies were no reason they should withdraw the lawsuit. 

“It’s crucial to continue with this lawsuit because it concerns the significant interests of Sabah. Changing positions shouldn't mean changing one’s principles overnight,” he said. 

The 12 Sabah Pakatan Harapan lawmakers in question are Datuk Ewon Benedict (Penampang MP and Kadamaian assemblyman), Datuk Seri Panglima Wilfred Madius Tangau (Tuaran MP), Chan Foong Hin (Kota Kinabalu MP), Vivian Wong (Sandakan MP), Senator Noorita Sual, Frankie Poon (Tanjung Papat assemblyman), Datuk Christina Liew (Api-Api assemblyman), Phoong Jin Zhe (Luyang assemblyman), Jannie Lasimbang (Kepayan assemblyman), Peto Galim (Inanam assemblyman), Tan Lee Fatt (Likas assemblyman) and Awang Hussaini Sahari (former Putatan MP).

“Besides these 12 Sabah Pakatan Harapan leaders needing to clarify their true intentions to the people of Sabah, I also want to ask the federal unity government if they were involved in the decision to withdraw the lawsuit and if they exerted any pressure on these 12 petitioners to withdraw the originating summons,” he said. – The Vibes, September 21, 2023 

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