Malaysia Oversight

Appeal against Sabah revenue ruling would ‘reopen old wounds’, says Bung Moktar as state Umno threatens protest

By MalayMail in October 19, 2025 – Reading time 4 minute
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KOTA KINABALU, Oct 19 — Sabah has urged the Federal Government to respect the recent High Court’s decision affirming Sabah’s constitutional right to 40 per cent of the net federal revenue collected from the state, calling it a long-overdue victory for the people.

Sabah Liaison Chairman Datuk Seri Panglima Bung Moktar Radin said the ruling reaffirmed the provisions of Articles 112C and 112D of the Federal Constitution, which had been denied to Sabah since 1974.

“This is a major victory for the people of Sabah after their constitutional right was ignored for over five decades,” he said in a statement on Saturday.

Bung Moktar urged the Attorney-General’s Chambers (AGC) not to appeal the decision, warning that such a move would “reopen old wounds” and undermine federal–state cooperation.

“It is time for the Federal Government to honour the court’s decision and fulfil its constitutional obligation to Sabah,” he stressed.

He warned that if the AGC proceeded with an appeal, Sabah would not remain silent.

“We will urge Umno Members of Parliament to raise a motion of objection to the Prime Minister, demanding that the court’s decision be implemented immediately without delay or excuse,” he said.

Bung Moktar also called for the immediate appointment of an independent assessor to determine arrears owed to Sabah since 1974, stressing that the process must be fair, transparent, and in line with the Malaysia Agreement 1963 (MA63).

“Only through a proper and transparent assessment can justice truly be served to the people of Sabah,” he said.

He commended the Sabah Law Society (SLS) for its courage in pursuing the case despite political pressure, saying the group had shown that “the struggle to uphold Sabah’s rights cannot be compromised.”

However, Bung Moktar expressed disappointment over what he described as interference by the GRS-led State Government, through the State Attorney-General’s Chambers, during the appeal process in the Court of Appeal.

He said the State’s appointed counsel had at one point argued that the 40 per cent entitlement was merely an “aspiration” and not a binding constitutional obligation — a statement that sparked widespread outrage.

“Such remarks contradict the spirit of MA63 and expose the state leadership’s early failure to defend Sabah’s constitutional rights with principle and conviction,” Bung Moktar said, adding that although the argument was later withdrawn after public backlash, “the incident cannot be forgotten.”

He stressed that Sabahans had been patient for too long and must now stand united to reclaim what rightfully belongs to the state.

“Sabah is not asking for more than what was promised. This is not a gift — it is a constitutional right that must be honoured,” he said.

On Friday, the High Court ordered to conduct a joint review with the Sabah government on the 40 per cent revenue entitlement that should be given to Sabah.

The order was made after High Court judge Datuk Celestina Stuel Galid allowed the judicial review filed by the Sabah Law Society (SLS) concerning Sabah’s constitutional right to claim 40 per cent of the net revenue collected by the federal government from the state.

Liberal Democratic Party (LDP) president Datuk Chin also strongly urges the Federal Government to respect the decision of the High Court and refrain from filing any further appeal to the Court of Appeal or Federal Court.

He said any attempt to delay or resist the execution of this judgment would amount to a defiance of constitutional spirit and a betrayal of public trust.

“Continued litigation will not serve the national interest; rather, it will weaken confidence in the Federal Government’s sincerity and commitment to constitutional obligations. Now is the time to act with integrity and political maturity,” he said.

Democratic Action Party (DAP) Sabah chairman Datuk Phoong Jin Zhe said the High Court decision marks a historic step forward in restoring justice and fairness for the people of Sabah, reaffirming the principles enshrined in Article 112D of the Federal Constitution and the Malaysia Agreement 1963 (MA63).

Phoong also said that DAP Sabah commends the Sabah Law Society for its courage and perseverance in pursuing this case, which represents the collective aspiration of Sabahans who have long sought the full recognition of their constitutional and fiscal rights.

He added that the judgment sends a clear and powerful message, that Sabah’s rights under MA63 are not mere political rhetoric but are legally binding obligations that must be honoured by the Federal Government.

“This victory is not only a legal victory for SLS but a moral victory for the people of Sabah, who have waited decades for justice to be delivered. The court’s decision restores faith in the rule of law and demonstrates that constitutional mechanisms remain a credible avenue to seek fairness and equality,” he said.

The United Progressive Kinabalu Organisation (UPKO) also lauded the landmark decision, describing it as a historic victory for justice and the rights of the people of Sabah.

Its Secretary-General, Senator Datuk Nelson W Angang, called the decision “a moral triumph for the people of Sabah” and a clear reaffirmation of the rule of law and the enduring relevance of the MA63.

“This ruling is not only a victory for SLS, but for every Sabahan who has long yearned for the full recognition and implementation of our constitutional rights.

“It demonstrates that the legal system in Malaysia remains a credible avenue to uphold justice and honour constitutional commitments,” said Nelson. — The Borneo Post

 



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