KOTA KINABALU, March 12 — The Sabah government will oppose an application by the federal Attorney General seeking to stay a High Court order made in October last year compelling the federal government to pay Sabah its 40 per cent revenue entitlement.
In a statement today, Sabah State Attorney General Datuk Brenndon Keith Soh said the review process for the long-disputed payments should proceed within the court-mandated timeline of 180 days, which ends next month on April 15.
The High Court order on October 17 acknowledged Sabah’s entitlement to a 40 per cent share of net federal revenue derived from the state for the period between 1974 and 2021, commonly referred to as the “Lost Years”.
“Since the delivery of the judgment, the Sabah government has remained resolutely committed to complying with both the letter and the spirit of the High Court’s decision.
“The state has consistently participated in the engagement process with the relevant federal authorities and several meetings and technical discussions have been convened to facilitate the exchange of information, verification of data, and consideration of possible methodologies for determining the quantum of the 40 per cent special grant entitlement,” he said.
Soh said the state had approached these discussions in good faith, with the objective of achieving a mutually acceptable resolution.
“In this regard, the state has also put forward proposals and working frameworks to assist the parties in progressing towards an agreement,” he said, adding there had been no delay or lack of cooperation on its part in implementing the High Court order.
He said the state had taken active and continuous steps to ensure the court-mandated process proceeds in an orderly and productive manner and remained ready and willing to continue engaging with the federal government.
Should negotiations ultimately fail, he noted that the Federal Constitution provides a mechanism to resolve the matter.
“Under Article 112D of the Federal Constitution of Malaysia, an independent assessor may be appointed if both governments are unable to reach agreement. The assessor’s recommendations would then be binding on both the federal and state governments.
“The constitutional provision ensures the review process can be concluded in an orderly manner even if a negotiated settlement is not achieved,” he said.
With the court-imposed deadline approaching, Soh said both parties should focus on intensifying efforts to fulfil the terms of the High Court order.
Meanwhile, the State Attorney General’s Chambers said it will continue taking the necessary legal steps to safeguard Sabah’s rights and interests while supporting a process consistent with the rule of law, constitutional principles, and cooperative engagement between the federal and state governments.
