Sabah Harapan lawmakers sue Putrajaya over 40pct revenue sharing
Primarily, the lawmakers are seeking a declaration that Article 112C and section 2(1) of Part IV of the Tenth Schedule of the Federal Constitution still apply and are enforceable.
Twelve Sabah Pakatan Harapan lawmakers, comprising MPs and state assemblypersons, have filed a suit against the federal government and the state government over Sabah's entitlement to revenue derived from the state.
Primarily, the lawmakers are seeking a declaration that Article 112C and section 2(1) of Part IV of the Tenth Schedule of the Federal Constitution still apply and are enforceable.
Section 2(1) of Part IV of the Tenth Schedule states that Sabah was entitled to an annual grant amounting to "two-fifths" of the net revenue derived by the Federation of Malaysia from Sabah.
The lawmakers are also seeking a declaration that Putrajaya's review of the grant amount under Article 112D of the Federal Constitution was unconstitutional, null and void and of no effect.
In March, Finance Minister Tengku Zafrul Abdul Aziz created an uproar in Parliament when he said Sabah's 40 percent revenue sharing no longer applied as Putrajaya could not afford it.
Following this, Putrajaya announced it had increased its annual grant payment to Sabah 4.7 fold - from RM26.7 million to RM125.6 million - for the year 2022.
The new grand amount was determined following a review - under Article 112D of the Federal Constitution - between the Finance Ministry and the Sabah government on Feb 14.
In a joint statement, the Sabah Harapan lawmakers said this was a violation of Sabah's terms laid out prior to the formation of Malaysia.
The lawmakers said these terms were made because Sabah was poorer compared to other parts of Malaysia at the time.
They pointed out that the state still has some of the poorest districts in the country and the highest incidents of absolute poverty.
"If Sabah's 40 percent entitlement had been respected and delivered, each Sabahan today would be experiencing a better quality of life economically and socially.
"It is time that this continuous deprivation and infringement of our constitutional right be brought to the courts to be resolved finally," said the lawmakers.
According to the originating summons filed by Messrs Nelson Wences Advocate, the plaintiffs are also seeking a declaration to compel the federal government to disclose the amount of net revenue it had derived from Sabah annually.
The MPs and state assemblypersons involved in the suit are:
Christina Liew (Tawau MP and Api-Api assemblyperson)
Peto Galim (Inanam assemblyperson)
Ewon Benedict (Kadamaian assemblyperson)
Frankie Poon (Tanjung Papat assemblyperson)
Jannie Lasimbang (Kepayan assemblyperson)
Phoong Jin Zhe (Luyang assemblyperson)
Tan Lee Fatt (Likas assemblyperson)
Awang Husaini (Putatan MP)
Chan Foong Hin (MP Kota Kinabalu)
Vivian Wong (MP Sandakan)
Noorita Sual (MP Tenom)
Madius Tangau (MP Tuaran)
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