KUCHING: The recent Kota Kinabalu High Court’s decision on Sabah’s right to the 40 per cent revenue entitlement, and the review of special grants, serve as a clear signal for the federal government to expedite the conclusion of negotiations on Sarawak’s special grant under Article 112D of the Federal Constitution.
In stating this, Deputy Minister in the Sarawak Premier’s Department (Law, State-Federal Relations and MA63), Datuk Sharifah Hasidah Sayeed Aman Ghazali, said while the decision applies specifically to Sabah, it reaffirms an important principle.
The federal government must uphold its constitutional obligations to both the Borneo states, and that such duties are subject to judicial scrutiny.
“Although the circumstances between Sarawak and Sabah differ, with Sabah having a specific constitutional provision relating to the 40 per cent entitlement, the underlying principle remains consistent.
“A review of our special financial grants must be carried out every five years,” she said in a statement.
She added that the court’s reasoning strengthens the expectation that the reviews must be conducted in good faith, transparently, and without undue delay.
“It also supports Sarawak’s consistent position that the financial grant must be determined through a fair and clearly defined working formula,” she said.
In welcoming the latest development, Sharifah Hasidah said she viewed the judgment as a positive step toward fairness and accountability of financial obligations by the federal government.
“We know the road ahead is long and challenging but the Sarawak government remains committed to protecting Sarawak’s constitutional rights and will continue to engage with the federal government in the spirit of cooperation and the Malaysia Agreement 1963 (MA63).
“Through ongoing negotiations with the federal government under the MA63 exercise, we have submitted our proposed formula for the special grant under Article 112D,” she added.
