KUCHING, Nov 11 2025: Professor Dr James Chin of Asian Studies at the University of Tasmania has told Sabahans to hold off on their celebrations over the announcement that the federal government will not appeal against the 40 per cent revenue ruling by the Kota Kinbalu High Court.
Caption: Professor Dr James Chin says that Sabahans should take a closer look at the fine print in the statement
In a Facebook post, he said the Sabahans (and Sarawakians) should take a closer look at the fine print in that bureaucratic jargon in the statement issued by the federal Attorney-General Chambers (A-GC) this evening.
“It explicitly leaves room for an appeal challenging the grounds of the ruling; and we all know what happens if those grounds are deemed flawed,” Chin warned.
“This carefully worded statement is really just a lifeline to keep Malayan parties and their local allies from getting decimated in the 17th Sabah state election,” he said.
“Without this statement, all Malaya parties will be kaput,” he said, adding that Sabahans have the hearts of gold, but that makes them the prime targets for deception “if we don't know how to decode these government communiqués.”
“Stay sharp,” he said, urging the netizens to viral his post.
In a statement, the A-GC said the federal government will not appeal against the decision of the Kota Kinabalu High over the 40 per cent entitlement of the revenue derived from Sabah.
However, the federal government will appeal the defects in the reasons for judgment.
A special cabinet meeting this afternoon discussed the court’s judgment regarding the Sabah state special grant decided in the Judicial Review Application filed by the Sabah Law Society against the Malaysian government.
The AG said that while the federal government respects the principle of the special grant based on 40 percent of revenue as provided for under the Federal Constitution, he provided advice and views to the Cabinet regarding the defects in the reasons for judgment.
“Among them are the allegations that the federal government and the Sabah state government have abused their power and violated their constitutional obligations.
“This claim will involve the federal government and the Sabah state government since 1974.
“In addition, the reasons for judgment also stated that the review after 2021 is unlawful, irrational, procedurally irregular and disproportionate.
“The federal government will appeal the defects in the reasons for judgment,” the statement said.
On Oct 17, the High Court ordered the federal and Sabah governments to review the 40 per cent special grant entitlement for 1974-2021, giving them 90 days to complete the review and 180
days to reach a final agreement.
The judge made the ruling after allowing the Sabah Law Society’s (SLS) application for a judicial review, which contended that both the federal and Sabah governments had breached their constitutional duties by failing to legally review the payments.
The case centred on the interpretation of Articles 112C and 112D of the Federal Constitution. Article 112C deals with special grants and the assignment of revenue to Sabah and Sarawak, while Article 112D provides for periodic reviews of these grants
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https://news.seehua.com/post/1391852
FEDERAL GOVERNMENT CAN STILL MANOEUVRE APPEAL ON SABAH’S 40% ENTITLEMENT DESPITE ANNOUNCEMENT OF NON-APPEAL
(Kota Kinabalu, 23 October 2025)— Further to the recent calls challenging the Federal Government and the Prime Minister not to appeal against the historic celebrated decision delivered by the Kota Kinabalu High Court on 17 October 2025, which allowed the judicial review filed by the Sabah Law Society (SLS) concerning Sabah’s constitutional entitlement to forty percent (40%) of the net revenue derived from Sabah as enshrined under the Federal Constitution and the relevant constitutional orders, Parti Warisan’s legal advisor, Chin Tek Ming, has cautioned that the Federal Government still retains legal avenues to pursue an appeal.
Chin explained that under Rule 12 of the Rules of the Court of Appeal 1994, a notice of appeal must be filed within 30 days from the date of judgment, which in this case would lapse on 16 November 2025.
“This means the Federal Attorney General must file the notice of appeal within the period between 17 October and 16 November 2025,” Chin stated.
He further clarified that, even if the Federal Attorney General fails to file the notice of appeal within the stipulated one-month period, there remains a procedural mechanism under Rule 16 of the Rules of the Court of Appeal 1994, which allows the Attorney General to apply for leave to file the notice of appeal out of time.
“In other words, the Federal Government may still legally manoeuvre the appeal process by seeking the Court of Appeal’s leave to file the notice of appeal after the expiry of the prescribed time limit,” Chin added.
Chin cautioned Sabahans not to celebrate prematurely should the Federal Government make any announcement of its intention not to appeal the High Court’s decision.
“Until and unless the Federal Government proceeds to implement Sabah’s constitutional entitlement immediately, any declaration of non-appeal should be treated with caution,” he said.
He elaborated on a possible political scenario “During this crucial period leading up to the State Election — in which Pakatan Harapan is also contesting — the Federal Government may strategically announce that it will not appeal against the High Court’s decision to gain political mileage. However, after the election, nothing prevents the Federal Attorney General from filing an application for leave to appeal out of time. If that happens, Sabahans will once again have no means to prevent it,” Chin warned.
Chin urged the Federal Government to demonstrate genuine sincerity in upholding Sabah’s constitutional rights and the spirit of the Malaysia Agreement 1963 (MA63).
“If the Federal Government is truly committed to honouring Sabah’s constitutional entitlement, it should immediately implement the forty percent (40%) revenue entitlement even before the State Election. There is no necessity to appeal the High Court’s decision. Any delay or subsequent attempt to appeal after the election would only confirm that Sabah has been misled yet again.”
He concluded firmly “Enough is enough. Sabah has waited far too long to receive what is rightfully ours under the Federal Constitution. I call upon all Sabahans to support Parti Warisan, the party that dares to fight for Sabah’s rights and entitlements. I challenge the Federal Government to come clean and honour the Malaysia Agreement 1963 in both word and deed.”
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