KUALA LUMPUR, Nov 10 — Prime Minister Datuk Seri Anwar Ibrahim today indicated that he is personally not inclined to appeal the High Court’s ruling that affirmed Sabah’s right to 40 per cent of federal revenue collected from the state.
He said, however, that the federal government will only make a final decision after receiving advice from the Attorney General.
“Any High Court judgment, especially when there are some gaps or weaknesses, should be appealed.
“But in this case, because the mandamus involves negotiations, there may be some room. So, we have discussed it in the Cabinet,” he told reporters after attending the Malaysia Digital roadshow in Tawau, Sabah.
“We will finalise it, I say, this week, after hearing from the Attorney General and the Cabinet. Personally, I tend to avoid appealing,” he added.
Anwar said the current administration’s implementation of the Malaysia Agreement 1963 (MA63) is “stronger and more secure”, and once again pointed to the history of federal allocations to Sabah.
He stressed the importance of following proper legal processes.
“We must listen and understand the concerns from Sabah, but we must also respect the Constitution. And the process must be followed… read it first.
“We only received the judgment three days ago. And we see there are strengths and weaknesses,” he said.
On October 17, the Kota Kinabalu High Court ruled that the federal government had acted unlawfully and exceeded its constitutional powers by failing to fulfil Sabah’s entitlement to 40 per cent of federal revenue for nearly five decades.
Judge Datuk Celestina Stuel Galid, who delivered the decision, described the special grant arrangement between the federal and Sabah governments as “invalid, ultra vires, and irrational”, and in breach of the Federal Constitution.
The court also ordered the federal government to conduct a revenue review with the Sabah government under Article 112D of the Federal Constitution to reinstate Sabah’s 40 per cent entitlement for each financial year from 1974 to 2021.
Under the order, the review must be completed within 90 days, with both governments required to reach a mutual agreement within 180 days.
The ruling has stirred strong sentiments in Sabah ahead of its 17th state election, putting pressure on the federal government and national-based parties to show their commitment to the state’s rights.
