Minister will quit if Putrajaya appeals Sabah 40pct ruling

Entrepreneur and Cooperatives Development Minister Ewon Benedick said he will resign if Putrajaya appeals against the High Court’s landmark ruling affirming Sabah’s constitutional right to 40 percent of federal revenue collected from the state.

The United Progressive Kinabalu Organisation (Upko) president made this pledge after a party division passed a resolution urging him to quit if an appeal is filed.

"I am ready to resign from the federal cabinet to respect and protect Sabah's constitutional right and the spirit of the forming of Malaysia," he said in his closing speech at the division meeting, according to a statement.

He added that he would officially state his stand in the next cabinet meeting.

“The prime minister, the deputy prime ministers and my cabinet colleagues are already aware of my view that the Attorney-General’s Chambers (AGC) should not file an appeal,” he said.

The resolution was tabled by Penampang Upko division chief Donald Peter Mojuntin, who said the division fully supports the Kota Kinabalu High Court’s decision on the judicial review filed by the Sabah Law Society (SLS).

READ MORE: KINIGUIDE | What High Court's 40pct revenue ruling means for Sabah

Mojuntin said the move to appeal would contradict the spirit of the Malaysia Agreement 1963 (MA63) and undermine the Federal Constitution’s guarantee of Sabah’s fiscal rights.

On Friday, the Kota Kinabalu High Court ruled in favour of the SLS’ judicial review, affirming that Sabah is constitutionally entitled to 40 percent of federal revenue collected from the state under Articles 112C and 112D of the Federal Constitution.

The court also ordered the federal and state governments to review and settle within 180 days arrears for the “lost years” from 1974 to 2021, when no review of Sabah's share of revenue was carried out.

The AGC is reviewing the High Court judgment and will decide whether it will appeal against the ruling or otherwise.

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