PRESS STATEMENT: 6 March 2026 - I wish to express my deep disappointment and serious concern over the action taken by the Federal Government in filing a Notice of Motion in court to seek a stay of the implementation of the Kota Kinabalu High Court Order concerning the claim for Sabah’s 40% Special Grant of revenue.
This action clearly raises questions about the sincerity of the government in fulfilling Sabah’s rights, despite its earlier statement that the appeal filed was only against the reasoning of the judgment and not intended to delay Sabah’s rights. Sabah’s entitlement to 40% of the net revenue, as provided under Articles 112C and 112D of the Federal Constitution, must not be treated lightly or quietly postponed.
A matter of such importance should have been discussed first with the Sabah State Government and communicated openly to the people of the state. Filing an application for a stay without proper explanation will only create confusion, disappointment, and a loss of trust among the people. The 40% revenue entitlement is not a new issue; the people of Sabah have been waiting since 1974 to see this right fully implemented.
The people of Sabah demand justice and the implementation of their rights as promised in the Federal Constitution and the Malaysia Agreement 1963 (MA63). There should be no room for further delays.
Therefore, I urge the Sabah State Government to take immediate and firm actions:
1. Issue a Bipartisan Stand
The State Government together with all Sabah State Assemblymen (ADUN) and Members of Parliament from Sabah, including those from the opposition, must set aside political differences and issue a strong joint statement defending Sabah’s rights under the Federal Constitution.
2. Support Related Legal Actions
The State Government should consider becoming an intervener (interested party) or provide official support to legal efforts defending Sabah’s rights. This step is important to ensure Sabah’s rights are formally defended in court and are not undermined by attempts to delay their implementation.
3. Provide Open Explanation to the People of Sabah
The State Government must be transparent and clearly inform the people about developments on this issue so that the public is not misled by speculation or silent actions by other parties.
4. Establish a Special State Assembly Committee on Sabah Rights
A special committee comprising representatives from both the government and opposition should be formed to monitor issues related to Sabah’s financial rights, the implementation of the 40% Special Grant, and matters related to MA63.
These measures are not about politics but about the struggle of the people of Sabah for the rights and justice enshrined in the Constitution. The people of Sabah demand that their rights be respected, not delayed or undermined.
YB Tham Yun Fook
Member of the Sabah State Legislative Assembly for Likas
