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

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