THE Federal Government’s decision on whether to appeal the High Court ruling on Sabah’s 40 per cent revenue entitlement will be revealed in the next few days.
DAP Secretary-General Anthony Loke said the issue was discussed at the Cabinet meeting and that the national DAP’s position mirrors that of the State — that due process must take place.
“You will know the answer before nomination day. A clear position will be made.
“The Prime Minister will be here tomorrow. I am sure he will touch on the subject very clearly,” he said.
The Kota Kinabalu High Court ruled on October 17 in favour of the Sabah Law Society’s (SLS) judicial review, directing the Federal Government to carry out a new review with the State Government within 90 days.
Judge Datuk Celestina Stuel Galid also instructed that both governments must reach a mutual agreement within 180 days from the date of the order as required under Article 112D of the Federal Constitution.
Loke said DAP at the federal level has adopted Sabah DAP’s position on the 40 per cent issue, with the party’s Central Executive Committee (CEC) having discussed the matter at their meeting last Monday.
“As far as we are concerned, Sabah DAP’s stand is DAP’s stand,” he said, adding that regardless of whether an appeal is filed, the court ruling requires both the Federal and State governments to negotiate within 180 days.
“The court ruling compels the Federal and State governments to negotiate in the next 180 days. So, the negotiation must take place,” he said.
He pointed out that the Federal Government respects the 40 per cent provision stated in the Federal Constitution, noting that the Prime Minister has made this clear.
Loke questioned why previous state governments that are now vocal about the issue had failed to conduct the required five-yearly reviews with the Federal Government.
“The ruling from the court states that every five years, there needs to be a referendum. Why didn’t the previous state governments have a referendum with the Federal Government? Is this also a responsibility and a failure of the previous leaders?” he said.
He pointed out that DAP had never been in government, whether Federal or State, until recently, unlike parties that had held power for decades but did not push for reviews.
“DAP is not a new government. For decades, DAP has never been in the Government or the State Government. Since 1969, the last review, then in 1974, there was no review. Every five years, there should be a review,” he said.
Despite the 40 per cent issue being a key campaign topic, Loke said DAP’s election machinery continues to move forward and the party remains committed to bringing fairness to Sabah.
He pointed out various Federal projects in Sabah, including upgrades to Kota Kinabalu International Airport and airports in Tawau and Sandakan, announced even before the court decision.
“We hope and believe that Sabah’s voters can also assess that it is important for a good relationship, a close relationship between the Federal Government and the State Government to be maintained,” he said.
Sabah DAP Chairman Datuk Phoong Jin Zhe acknowledged concerns about the party’s earlier withdrawal of summons on the 40 per cent issue in 2022.
“This has been discussed in the Federal Government and we fully honour what should be done and the High Court decision,” Phoong said.
He said when Pakatan Harapan transitioned from opposition to ruling party in 2023, they gave way and supported the SLS’ court action.
“We support the SLS action. There is no doubt about that. And we have conveyed our positions to CEC leadership. And as mentioned by Loke just now, the Sabah DAP’s position is DAP’s position,” he said.
On DAP’s role in the state election, Loke said the party would focus on ensuring victory in its own seats rather than stretching resources too thin.
“DAP only contests eight seats. Even with other partners, namely PKR, Upko and probably Amanah, in combination, we probably contest less than one third of the seats in Sabah.
“So the role that we should play is to ensure that our own seats that we are contesting, that we are not clashing with neither BN nor GRS, that we should win all these seats,” he said.
He also dismissed rumours of Upko pulling out of Pakatan Harapan, pointing out that Upko President Datuk Ewon Benedick attended the recent Cabinet meeting as usual and remains chairperson of Sabah PH.
“As far as I am concerned, he (Ewon) is very much a member of the Federal Cabinet. He is still the Sabah PH Chairman,” he said.
