Kota Kinabalu: Nominated Assemblyman Datuk Roger Chin laments the lack of genuine or meaningful negotiations on Sabah’s 40 per cent revenue entitlement at the expiry of 90 days of the 180-day High Court judgment.
He said although the process under Article 112D of the Federal Constitution had technically begun, in reality no substantive negotiations directed at fulfilling the court-ordered review had taken place.
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“To date, there has been only one meeting. As publicly reported, that meeting focused on clarifying the parameters, methods, amounts and payment timelines relating to Sabah’s 40 per cent revenue entitlement,” he said in a statement, Wednesday.
He said the meeting did not result in any substantive engagement or agreement on the core issues necessary to give effect to the judgment.
“There was no confirmation of substantive negotiation on quantum, no agreed methodology, no disclosure sufficient to support an accounting exercise and no concrete timeline aimed at achieving compliance within the period ordered by the Court,” he said.
Chin also said a second meeting scheduled for Dec. 19, 2025, was postponed by the Federal Government with no new date fixed.
“This postponement, without rescheduling or substantive follow-up, reinforces concerns regarding the absence of the urgency and seriousness required by the judgment.
“No explanation consistent with the urgency mandated by the Court has been provided,” he said.
“A single preliminary meeting, followed by a postponed engagement with no replacement date, cannot reasonably be characterised as good-faith compliance with the Court’s orders. It falls materially short of what the judgment plainly contemplated,” he said.
Chin described the situation as deeply concerning and that the lack of substantive progress does not bode well for achieving compliance within the 180-day timeframe mandated by the Court.
He emphasised that a review under Article 112D cannot be satisfied by isolated or intermittent discussions.
“The judgment imposes binding and enforceable legal obligations, not discretionary objectives or statements of intent, and envisages serious, active and bona fide engagement between the Federal and State Governments, directed at a substantive review capable of producing an agreement that gives effect to Sabah’s constitutional entitlement,” he said.
He added that minimal engagement followed by open-ended postponements cannot reasonably be characterised as compliance, noting that compliance requires urgency, substance, transparency and good faith.
Chin said unless there is an immediate and demonstrable shift towards genuine Article 112D negotiations – characterised by regular meetings, substantive positions, timely disclosure of financial data and a clear commitment to reaching agreement – the risk of non-compliance with the judgment is real and escalating.
“The continued failure to engage meaningfully…also undermines the review process expressly directed by the judgment, thereby exposing the respondents to a real risk of further legal consequences. This situation must be corrected without further delay,” he said.
On October 17 last year, the Kota Kinabalu High Court, in a landmark decision following a judicial review application by the Sabah Law Society (SLS), affirmed Sabah’s constitutional right to 40pc of the net Federal revenue derived from the State.
The court ruled that the Federal Government had acted unlawfully and breached its constitutional duty by failing to conduct mandatory reviews of this special grant every five years since 1974, as required under Articles 112C and 112D of the Federal Constitution.
The court issued a mandamus order with specific timelines, directing the Federal Government to commence a review with the Sabah Government to determine the exact 40pc entitlement for each financial year from 1974 to 2021 within 90 days of the court order.
Both governments must then negotiate and reach a final agreement within 180 days from the date of the order, that is by October 17, 2025.
