KAPAYAN ASSEMBLYMAN QUESTIONS
LEGALITY OF STATE INACTION — SAYS DELAY IN SABAH’S 40%
ENTITLEMENT IS COSTING REAL DEVELOPMENT LOSS
[KOTA
KINABALU, 21 April 2026] Kapayan assemblyman Chin Tek Ming has raised
serious legal and governance concerns over what he described as the
Sabah Government’s continued failure to discharge its
constitutional responsibilities in relation to the State’s 40 per
cent revenue entitlement.
In
a statement issued today, Chin said recent remarks by nominated
assemblyman Datuk Roger Chin had inadvertently exposed a deeper and
more troubling issue — the absence of decisive executive direction
under the leadership of Chief Minister Hajiji Noor.
“Roger
Chin’s statement is not external criticism. It is an admission from
within the government itself — that there is delay, lack of
urgency, and inadequate negotiation. That is not a technical issue.
That is a failure of governance,” he said.
Not
Just Constitutional — This Is About What Sabahans Are Losing
Chin
stressed that the 40% entitlement is not an abstract constitutional
debate, but one with direct and measurable consequences on the lives
of Sabahans. “Every year this matter is delayed, Sabah is
potentially losing billions in revenue that could have been deployed
for public benefit,” he said.
He
elaborated that such funds could translate into:
-Dozens
of new hospitals and clinics, especially in underserved interior
districts;
-Major
rural road connectivity projects, linking isolated communities;
-Flood
mitigation and drainage systems in high-risk areas like Kapayan;
-School
upgrades and infrastructure modernisation, including overcrowded
classrooms;
-Cost-of-living
relief programmes for ordinary Sabahans facing rising prices;
-Strategic
investments to reposition Sabah’s economic trajectory, including
infrastructure, logistics, and industrial development.
“This
is not theoretical loss. This is real development deferred, real
opportunities denied, and real hardship prolonged,” he said.
Constitutional
Obligation Cannot Be Deferred
Chin
emphasised that Sabah’s entitlement arises from binding
constitutional provisions, specifically under Article 112C and Part
IV of the Tenth Schedule of the Federal Constitution.
“This
is not a discretionary claim. It is a continuing constitutional
obligation. The State Government has a duty to assert, quantify, and
pursue it with urgency,” he said.
“The
existence of litigation or appeals does not suspend this duty.
Constitutional compliance is not optional, and it is not subject to
delay.”
Where
Is the State’s Position? Where Is the Urgency?
Chin
questioned the absence of any clear and structured executive
position, highlighting that there has been no indication that the
State Cabinet has:
-determined
a definitive claim period
-adopted
a clear methodology for computation
-established
a transparent negotiation framework
-set
any timeline or deadline for resolution
“In
simple terms — where is the plan?” he asked.
“After
decades of delay, and even after court intervention, why is there
still no timeline? Why is there no estimated claim figure? Why are
negotiations still opaque?”
Delay
May Amount to Dereliction of Duty
Referring
to the acknowledgment that only four meetings have taken place over
an extended period, Chin described the situation as legally and
administratively untenable. “Such minimal engagement, in the face
of a clear constitutional entitlement, is prima facie inconsistent
with the standard of diligence expected of a government,” he said.
“At
some point, delay is no longer inefficiency — it becomes
dereliction of duty.”
Kapayan
Motion Seeks to Force Action
Chin
explained that his private motion covering the period 2022 to 2025 is
intended to compel structured and lawful executive action.
“The
motion is designed to force clarity, on the claim period, the
computation, and the State’s formal position. It introduces
accountability where there is currently none,” he said.
He
urged all assemblymen to support the motion, describing it as a
necessary step to safeguard Sabah’s rights and future.
Court
Proceedings No Excuse
Chin
rejected any reliance on the Court of Appeal stay as justification
for inaction. “A stay does not extinguish the right. It does not
suspend the obligation. The State remains fully empowered to quantify
its claim and negotiate,” he said.
“To
suggest otherwise is legally untenable.”
This
Is Now a Question of Accountability
Chin
called on the administration led by Hajiji Noor to immediately
clarify its position. “This is no longer a question of legal
complexity. It is a question of executive accountability,” he said.
“Sabahans
are entitled to ask:
-Where
is the timeline?
-What
is the estimated claim?
-What
is the State’s official position?
-Why
are negotiations not transparent?”
Ultimately,
This Is About Governance
“Sabah’s
entitlement is not in dispute. What is in dispute is whether those
entrusted with power have acted with urgency, competence, and
constitutional fidelity,” Chin said. “This issue has moved beyond
legal argument. It is now a test of leadership.”
–
END –
Issued
by
Chin
Tek Ming
ADUN
N.25 Kapayan
21
April 2026
