KOTA KINABALU: The Federal Government’s decision not to appeal the High Court’s recognition of Sabah’s 40 per cent constitutional entitlement marks a welcome milestone but must be treated with cautious optimism, said former Sabah Law Society (SLS) president Datuk Roger Chin on Wednesday.
He said the move signals Putrajaya’s acceptance of Sabah’s constitutional right to the special grant under Article 112C, but its plan to appeal parts of the judgment’s reasoning still leaves key issues unresolved.
Chin noted that the government intends to appeal only on the findings of abuse of power and the invalidation of past review orders, which could influence how arrears and non-compliance since 1974 are handled.
He added that the notice of appeal has yet to be filed, meaning the full scope of the Federal Government’s challenge remains uncertain.
According to him, if the appeal is confined to those areas, the High Court’s operative orders — affirming Sabah’s 40 per cent entitlement and requiring negotiations — remain binding and enforceable.
He explained that the appeal does not suspend implementation of the entitlement, nor does it affect the constitutional duty to begin review discussions under Article 112D.
However, he cautioned that if appellate courts later restore the validity of past review orders, it could undermine Sabah’s claim to the “Lost Years” between 1974 and 2021.
Such a ruling, he said, might mean those years are no longer payable, as the reviews could then be deemed lawfully modifying the 40 per cent entitlement.
Despite these uncertainties, Chin emphasised that Sabah’s 40 per cent constitutional right itself remains intact and not under appeal.
He said the next steps will show whether Putrajaya’s commitment to honouring the constitutional promise to Sabah will finally move from words to genuine action.
