Sabah rights: Focus on legal and fiscal aspects
Published on: Wednesday, January 18, 2017
Kota Kinabalu: The Sabah Rights Review Committee (Jawatankuasa Kajian Hak-Hak Sabah dalam Perjanjian Malaysia) will add more emphasis on related legal and fiscal aspects, especially Sabah's entitlement to the Special Grants under the Tenth Schedule, Part IV of the Federal Constitution.Committee Chairman Datuk Teo Chee Kang (pic) said they will also maintain a five-year periodical review of the Special Grant by virtue of Article 112D and failing to do is a breach of the Federal Constitution.He said the committee has adopted a report of the Special Committee on Devolution of Powers chaired by the State Secretary Tan Sri Sukarti Wakiman who gave a full briefing on the progress of the work done by the Special Committee for Devolution of Powers.
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"Sukarti has deliberated and made proposals on various related issues at great length in five different aspects namely legal, finance, planning, acquisition and implementation; administration and government policies; and enhancement of the role and functions of Government agencies at State level."While my committee adopted the report of the Devolution of Powers Committee, we will also add with more emphasis on the related legal and fiscal aspects, especially Sabah's entitlement to the Special Grant under the Tenth Schedule, Part IV of the Federal Constitution," said Teo, who is also Special Tasks Minister, Tuesday.The paper reported that Sabah should be getting back 40 per cent of net revenue from the Federal Constitution every year as stipulated in the Federal Constitution that was enshrined in the Tenth Schedule, Part IV (Special Grants to States of Sabah and Sarawak) of the Federal Constitution that has yet to be claimed by the State government.This two-fifths or 40 per cent is the amount that the Federal Government is supposed to return to Sabah, out of its total net revenue.
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This crucial matter was first raised by Foreign Minister Datuk Seri Anifah Aman when he was the moderator of a one-day forum on the Malaysia Agreement 1963 with 12 panellists on March 7, 2015.Among others, Teo said his committee will also maintain that the implementation of the Goods and Services Tax (GST) that has practically denied the Sabah Government from expanding the scope of State Sales Tax as doing so may amount to double taxation, although the State has such power under the Tenth Schedule, Part V of the Federal Constitution.
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"In view of the above, there should be a formula giving a fair share of the GST collected from Sabah back to Sabah."Besides this, the committee is also relooking into the definition of our State boundary and the applicability of the Territorial Seas Act 2012 to Sabah, as this will have direct implications on the territorial powers of Sabah Government," he said.Teo said working committee was formed to study all related legal issues in detail and there have been two meetings respectively on Dec 22 last year and Jan 9 this year, whereby their works are progressing well.To gather more views on Sabah rights, he said hearing sessions will be organised for political parties including the opposition in Sabah at Rafflesia Room of the State Legislative Assembly on Jan. 26.Teo said invitations are being extended to political parties to the said hearing and they are requested to file their submission outline to Pejabat Menteri Tugas-Tugas Khas, Tingkat 16, Wisma Innoprise, Jalan Sulaman, 88817 Kota Kinabalu, by Jan 24, this year.Stay up-to-date by following Daily Express’s Telegram channel.
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