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Wartawan Nabalu News

Review under Article 112D raises concern: Sabah PH


21 April 2022

By Wartawan Nabalu News


KOTA KINABALU: Sabah Pakatan Harapan (PH) is concerned about the recent review made by the Federal government and the State Government of Sabah pursuant to Article 112D of the Federal Constitution.


PH said it is questionable whether the review as stipulated in a joint statement is unconstitutional, taking into account the basis of the review that disregards and is not premised on the 40 per cent revenue sharing formula pursuant to article 112C and Subsection 2(1) of Part IV of the Tenth Schedule of the Federal Constitution.


“On what basis was the 4.7-fold increment was made? The joint statement stated that beginning the year 2022, Sabah is due to receive RM125.6 million in the form of a special grant.


“Previously, the amount of special grant given to Sabah was RM26.7 million, an amount originally intended for 1973. Clearly, the agreement to increase the special grant by multiplication of 4.7 is not premised based on the 40 per cent formula.


“Since the recent review of the special grant was not based on the 40 per cent formula, does that mean that the Sabah state government has agreed to setting a precedent for future reviews to the detriment of Sabah?” said Sabah PH in a joint statement today.


The joint statement was signed by PKR Sabah Chief Datuk Christina Liew, UPKO Presidet Datuk Seri Panglima Wilfred Madius Tangau, Sabah DAP Chief Datuk Frankie Poon Ming Fung, and Amanah Sabah Chief Lahirul Latigu.


PH said the move can be seen as conceding to any review under Article 112D to be made while disregarding the 40 per cent formula.


Sabah PH also believes that the State Government should have insisted that before agreeing to any review under Article 112D, the Federal government must respect the applicability and acknowledge the rights of the 40 per cent formula.


“This is crucial considering the answer given by the Finance Minister Tengku Zafrul Aziz in Parliament recently stating that the 40 per cent formula is no longer applicable, a statement clearly going against what is stated in the Federal Constitution.


“Such lopsided interpretation by the Federal government in not recognising the applicability of the formula would have a severe effect in securing Sabah's constitutional entitlement when our forefathers agreed to form the federation of Malaysia almost 59 years ago.


“If the applicability of the 40 per cent formula continues to be a stumbling block in the negotiation between the Federal government and the state government of Sabah, then we are at an impasse of a constitutional dispute as to the interpretation of Articles 112C and 112D of the Federal Constitution,” said Sabah PH.


The responsibility and constitutional role to interpret the Constitution when there is a dispute lays with the Federal Court and not with an independent assessor.


“The state government of Sabah should have insisted on the settlement and recognition of the 40 per cent formula before agreeing on any review even if it meant that the matter must first be brought and adjudicated by the court,” said Sabah PH.


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