Kota Kinabalu: Moyog Assemblyman Datuk Donald Mojuntin called for the establishment of a Special Sabah Constitutional, Economic, Actuarial and Litigation Task Force.
He said the proposal is aimed to strengthen the State’s position, following the Federal Government’s decision to appeal a landmark High Court ruling that upheld Sabah’s constitutional entitlement to 40 per cent of revenue.
Debating the 2026 Sabah Budget, Donald said the 40 per cent revenue share – enshrined in the Federal Constitution since Sabah’s 1963 formation – is not a political demand but a long-unfulfilled constitutional promise that the Kota Kinabalu High Court formally affirmed on Oct 17, 2025.
The court ruled the entitlement is a mandatory part of the federal structure, not an act of goodwill, and ordered the Federal Government to provide full access to revenue data, financial statements and the formula outlined in the Tenth Schedule.
However, the Federal Government’s appeal raised critical red flags, with Donald arguing it is not just a technical legal move but an attempt to weaken Article 112D(3) and avoid paying decades of arrears from 1974 to 2025 – a period when mandatory five-year reviews were not conducted.
“The Federal Government comes armed with top constitutional lawyers, fiscal experts, revenue specialists and a full technical machinery,” he warned.
“In contrast, Sabah lacks senior constitutional counsel of national standing, professional actuaries to calculate arrears, certified accountants to audit revenue and fiscal economists to build a defensible formula. We cannot enter this professional arena with amateur-level preparation.”
Donald stressed that the proposed task force – to be chaired by the State Attorney General – would be a non-political body focused solely on defending Sabah’s rights.
Its key mandates would include: supporting the State’s response to the federal appeal, conducting a rigorous, data-driven calculation of arrears spanning 51 years, developing a legally and economically sound 40 per cent revenue formula, demanding full disclosure of all relevant federal revenue data and providing regular updates to the Sabah Cabinet and State Assembly.
“Sabah has waited 60 years, relying on negotiations,” he said.
“But the appeal shows goodwill is no longer enough. This is now a constitutional, fiscal and technical battle – and we must equip ourselves to win it. The task force is not an option; it is a necessity to ensure justice is not delayed further.”
# In our report yesterday, we inadvertently referred to Donald as representing Warisan. The error is regretted.
