KOTA KINABALU – A 1970 government gazette involving the revision of Article 112 C of the federal constitution is not a secret but a publicly accessible document, said Sabah Deputy Chief Minister Datuk Seri Jeffrey Kitingan amid claims made by an opposition lawmaker.
He said that the agreement gazetted in 1970 was based on the first financial review of the 40% formula (Sabah’s special grant) in 1969.
“The gazette created a five-year formula in lieu of the 40% for the period of 1969 to 1974 or until the next review, which would have taken place in 1974, but never took place until now (48 years later). The review is mandatory according to the constitution (112 C/112 D).”
Jeffrey said this after Warisan’s Sepanggar MP Datuk Azis Jamman alleged that the federal government has been keeping the gazette confidential for more than 50 years.
In a statement, Jeffrey said that he was surprised that Warisan is uninformed of the document, despite being in the Sabah government for 27 months.
On Thursday, Azis said that the government gazette stated that the federal and Sabah governments in 1970 had agreed to revise the 40% formula stipulated in Article 112C.
Azis said the gazette should have been void as it was produced during the Emergency Ordinance, which was lifted in 2011.
Jeffrey, who is Sabah Star president, said that the 1969 review and the 1970 gazette do not amount to the replacement of the 40% constitutional right of Sabah.
“What we should demand is a financial review for the full payment of the 40%, or the payment of the current rate plus the arrears based on the last agreed formula – for example, RM20 million + (RM20 million x 7.5%) 48 years.
“Today’s amount would be about RM1 billion; full payment of the 40% net revenue might be in billions (RM16 billion to RM24 billion).
“That is why in my Parliament speech recently, (I said) I hope that the payment referred to by Datuk Seri Maximus Ongkili (minister in the Prime Minister’s Department Sabah and Sarawak Affairs) – which is five times from the current payment of RM26.7 million, does not prejudice our rights to the 40% constitutional rights,” he said.
Meanwhile, former Petagas assemblyman and MA63 activist Datuk James Ligunjang rubbished claims about the confidential gazette, saying that there was no gazette to invalidate Articles 112C and 112D in 1970.
Ligunjang is of the same opinion as Jeffrey that Azis was referring to the 1970 First Review Order.
“I believe there was a wrong interpretation of the 1970 First Review Order.
“The first review under Article 112D was done in 1969 and gazetted in 1970 for agreed reviewed sums for 1969 to 1973, with the 1973 payment payable on January 1, 1974 starting with an agreed base sum of RM20 million with an annual increment of 7.5% ending with RM26.7 million for 1973.
“The second review was to be held in 1973 but was never held.
“To satisfy all parties and given the passage of time, the federal government and state government must invoke Article 112D(6) of the federal constitution to ascertain the exact quantum accruing to Sabah retrospectively since 1976.”
He added that if Azis really does have the knowledge or in his possession a classified gazette to invalidate Articles 112C and 112D, then he should make it public.
“Any attempt to remove or amend Articles 112C and 112D will have severe consequences to the existence of the federation of Malaysia.”
On the other hand, historian and associate professor Bilcher Bala said the 1970 gazette is only “adding flavour” to the core issue that the federal government has indeed been “robbing” Sabah of its rights.
He said it is true that after 1969, the 40% revenue was never returned to Sabah.
“Therefore, the word ‘robbed’ is true. Even though Putrajaya claimed that it has paid it through ‘development budget’ annually, it is still not a valid cash payment because the value is still not up to 40%.
“This year’s budget for Sabah is RM5.2 billion. For example, Putrajaya collected about RM38 billion from Sabah in 2013. Therefore, 40℅ is equally RM15.2 billion. But Putrajaya has given RM5.2 billion only. They robbed RM32.8 billion from Sabah. I agree with Datuk Azis in this sense,” he said.
Meanwhile, appointed Sabah assemblyman and former chief minister Datuk Seri Yong Teck Lee was also intrigued by Azis’ claim, telling The Vibes that he is currently clarifying the matter with relevant authorities before he comments on it.
Yong is a veteran politician who has been very vocal about fighting for Sabah’s rights under the federal constitution and the Malaysia Agreement 1963. – The Vibes, March 26, 2022
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