by DayakDaily Team
KUCHING, Nov 12: Parti Bumi Kenyalang (PBK) president Voon Lee Shan has warned that several legal and political obstacles could delay or derail Sabah’s effort to recover its 40 per cent share of state revenue, even after the High Court’s recent ruling affirming the state’s entitlement.
In a press statement, Voon estimated that the sums owed to Sabah could run into tens of trillions of ringgit.
“Federal government controlled by Malaya, may amend the Federal constitution to deprive or reduce Sabah’s 40 per cent entitlement.
“Federal government may seek to negotiate and tell Sabah Government not to pursue or support SLS in this claim,” he said.
He also pointed out that legal technicalities may arise as the suit was filed by the Sabah Law Society (SLS) and not by the Sabah government.
“Federal may argue only SLS can go for recovery of sums owed but can SLS get it?
“I doubt because likely the court will not allow it. The argument will be that SLS is not the government, but you can only get the declaration or judgment by the Court that Sabah is entitled to the 40 per cent under the Federal Constitution. That’s all,” Voon cautioned.
He also highlighted that even if enforcement were theoretically possible, it would be impractical to recover funds through legal means such as a writ of seizure and sale.
“It is doubtful the court will allow you to seize and sell assets that belong to the government to satisfy the sums owed to Sabah. To do so will paralyse the functions of the government.
“Government can collapse because once assets like government buildings in Putrajaya being seized for sale under court order to satisfy the judgment sum, how and where government servants have to work?”
He further pointed out that while the Federal government will not appeal now, in view of the upcoming 17th Sabah state election, it may choose to get leave to appeal after elections are over.
“Given the fact that this is an important case that concerns the life or survival of the Federation, leave for extension of time will likely be granted by the court to allow the Federal government or Attorney General Chambers to appeal after the Sabah elections are over,” he added. – DayakDaily
