KOTA KINABALU: Sabah’s special grant for the return of 40% of the state’s income supplied beneath the Federal Constitution cannot be put aside by mere political or administrative preparations, says constitutional expert Emeritus Prof Datuk Dr Shad Saleem Faruqi (pic).
He mentioned although authorities insurance policies, circulars, and gazettes on this nation might overwrite a legislation, it shouldn’t be finished that manner.
“I do know the angle on this nation is the federal government coverage (dasar kerajaan) or the federal government round (pekeliling kerajaan) or gazette (warta kerajaan) can overwrite the legislation, however a legislation cannot be displaced by a mere political coverage or settlement,” he mentioned when giving his views of the Constitutional provisions beneath Article 112D and 112C on Sabah’s 40% rights on its income.
Any modifications wanted the formal order by the Yang di-Pertuan Agong, he mentioned throughout a webinar entitled “Negotiate The Special Grant Conferred by Article 112D Thus Extinguishes Sabah’s 40% Rights Conferred by Article 112C of The Federal Constitution?” organised by the Wisdom Foundation.
Prof Shad Saleem mentioned that it was not identified whether or not there was an order by the King on the difficulty of Article 112D.
“There is a few gazette notification however is it on the order of the Yang di-Pertuan Agong? Was it finished with the settlement of each the federal government of Sabah and the Federal or is it merely a treasury order?” he mentioned.
Prof Shad Saleem mentioned Sabah must be united and work collectively for mutual settlement of their negotiations with the Federal Government.
“The starting level is 40% as a result of that’s the legislation as we speak. Until that’s modified, that’s the baseline. However, it will possibly go up and down nevertheless it cannot be unilateral.
“Also an unbiased assessor beneath 112D is required by the Constitution if no settlement can be reached between the state and Federal Government,” he mentioned.
“Non-payment of a debt is a denial of the suitable to property beneath Article 13 of the Federal Constitution, subsequently, Sabah can go to courtroom to get well cash that was not paid since 1973,” added Prof Shad Saleem.
Recently, Sabah with the Federal Government agreed to an RM125mil special grant yearly with Chief Minister Datuk Seri Hajiji Noor saying they’d proceed to pursue the Constitutional proper for the 40% return of federal income from the state.
