By DayakDaily Team
KUCHING, Oct 18: The Kota Kinabalu High Court’s landmark ruling affirming Sabah’s constitutional entitlement to 40 per cent of federal revenue sets an important legal precedent and strengthens Sarawak’s position in ongoing Malaysia Agreement 1963 (MA63) implementation discussions.
In a statement, Kota Sentosa assemblyman Wilfred Yap urged the Sarawak government to take proactive measures to secure the State’s full entitlement under Article 112D of the Federal Constitution.
He added that the judgment reaffirms what Sarawakians have long believed— that the rights of Sarawak and Sabah under the Malaysia Agreement 1963 (MA63) and the Federal Constitution are not matters of discretion or goodwill, but legal and enforceable obligations.
Yap emphasised that the court’s decision in favour of Sabah should serve as a clear signal that Sarawak too must insist on a full and lawful review of its special grant entitlement, which has not been properly adjusted for decades despite the constitutional requirement for reviews every five years.
“Sarawak’s rights under Article 112D mirror those of Sabah. If Sabah is entitled to a review and arrears for the past years, Sarawak must be accorded the same treatment.
“The interim RM600 million grant currently received by Sarawak is welcomed, but it cannot replace a proper constitutional review that reflects our fair share of federal revenue derived from our State.
“The Sarawak government should formally initiate a review process under Article 112D and, if necessary, pursue legal recourse to ensure compliance from the federal side. This is not about confrontation—it is about upholding the rule of law and ensuring that the federal–State relationship functions within the framework agreed to at the formation of Malaysia.
“Sarawak’s fiscal rights are enshrined in the Federal Constitution. It is the duty of the Sarawak government and Sarawak members of Parliament serving in the Federal Cabinet to make sure those rights are fully respected,” he said.
Yap added that he was confident that under the leadership of Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg, the Sarawak government will continue to defend and advance Sarawak’s rightful interests under MA63 and the Federal Constitution.
“The Sabah judgment has reopened the constitutional pathway for both Sabah and Sarawak to restore what was promised in 1963. This is the moment for Sarawak to act decisively and reclaim what is rightfully ours.”
On Friday (Oct 17), the Kota Kinabalu High Court ruled that the federal government acted unlawfully by failing to honour Sabah’s 40 per cent share of federal revenue for nearly five decades.
High Court judge Celestina Stuel Galid also declared the special grant arrangements made by both the federal and state governments ‘unlawful, ultra vires and irrational’. — DayakDaily
