By Marlynda Meraw
KUCHING, Nov 26: Deputy Minister in the Premier’s Department (Law, MA63 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali clarifies that Sarawak does not possess the same express constitutional right to a 40 per cent share of federal revenue as recently affirmed for Sabah by the High Court.
Responding to Katibas assemblyman Lidam Assan during the question-and-answer session at the Sarawak Legislative Assembly (DUS) sitting today, she reiterated that the ruling has injected renewed urgency into Sarawak’s ongoing push for a fair, defined formula for its Special Grant under the Malaysia Agreement 1963 (MA63).
She addressed what the Sabah ruling meant for Sarawak’s own financial entitlement, confirming the legal reality which distinguishes Sarawak’s position from that of its neighbour.
“There is express constitutional provision on the 40 per cent entitlement to Sabah, not Sarawak. That is in Article 112C, in the 10th schedule of the Constitution. There is no such express provision for Sarawak,” she explained.
Despite this distinction, Sharifah Hasidah, who is also Samariang assemblywoman stressed that the principle behind the Kota Kinabalu High Court ruling is vital for Sarawak’s constitutional rights.
“The principle is this: The federal government has a constitutional duty to fulfil its financial obligation to Sabah and Sarawak and these duties are subject to judicial scrutiny to ensure they are properly fulfilled,” she said.
She highlighted that both states are guaranteed financial reviews every five years pursuant to Article 112D of the Federal Constitution. The court’s findings, she added, reinforce the expectation that such reviews must be conducted “properly, promptly, transparently, and in good faith.”
With the 40 per cent provision ruled out for Sarawak, the Deputy Minister affirmed the State’s steadfast focus remains on finalising a mechanism that truly reflects its contribution to the nation.
“Sarawak’s position is that the special grant to Sarawak should be based on a fair, consistent, and clearly defined formula,” she said.
Sharifah Hasidah revealed that Sarawak has already submitted its proposed formula to the federal government for the Article 112D Special Grant Review.
She insisted that the Sabah development should serve as a clear signal for Putrajaya to expedite the conclusion of negotiations on Sarawak’s Special Grant.
Providing an update on the progress of negotiations, Sharifah Hasidah confirmed that while talks are still ongoing, Sarawak has secured a significant interim commitment from the federal government.
“As part of our ongoing efforts, the federal government has agreed as an interim measure to increase the special grant from RM300 million in 2024 to RM600 milllion starting from 2025 for over the next 5 years,” she told the House.
She maintained, however, that the Sarawak government will continue to press for the finalisation of the comprehensive formula.
“This decision marks a meaningful step forward towards ensuring fairness and accountability in the federal government’s financial obligation.
Sarawak remains steadfast in protecting our constitutional rights and we will continue engaging the federal government under the framework of MA63,” she added. — DayakDaily
