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40pc case an acid test for Unity Government, says Warisan
Published on: Tuesday, September 19, 2023
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40pc case an acid test for Unity Government, says Warisan
Chin questioned whether the Federal Unity Government is genuinely upholding the 1963 Malaysia Agreement (MA63) and urged decisive action.
Kota Kinabalu: Parti Warisan questioned the Federal Unity Government’s sincerity over the recent postponement of the Appeal Court’s hearing initially scheduled on Sept 14 on the return of 40pc net tax revenue to Sabah.

Warisan official Chin Tek Ming Chin, a lawyer, believes the Judicial Review initiated by Sabah Law Society (SLS) last year aimed at asserting the State’s entitlement to 40pc net tax revenue has now become a prominent legal dispute within Malaysia’s political and legal system.

He said the court, initially, granted SLS’ application for leave to proceed with Judicial Review. But, subsequently, the Attorney General Chambers appealed, leading to a temporary suspension of the case pending appeal to the Court of Appeal.

Chin questioned whether the Federal Unity Government is genuinely upholding the 1963 Malaysia Agreement (MA63) and urged decisive action.

“The root of this legal dispute can be traced back to the signing of the Malaysia Agreement 1963, which stipulated that Sabah should enjoy a 40pc share of net tax revenue to support the State’s social and economic development.

 “However, over the years, this entitlement has been contentious and delayed, and it is a right that the State rightfully deserves and should be fulfilled to meet the needs and development of the State’s people,” he said in a statement, Sunday.

Chin emphasised that if the Federal Unity Government is indeed willing to resolve this issue, they should unhesitatingly and immediately instruct the AG’s Chambers to withdraw the appeal and immediately return the 40pc net tax revenue as per the MA63.

“This is not just a legal obligation but also a matter of respecting Malaysia’s Federal System and Sabahans in particular,” he said.

He said this is crucial for the State’s future, as the return of net tax revenue will have a far-reaching impact on the State’s infrastructure development, social welfare programmes and economic growth.

He said regardless of the outcome, this case will be a significant milestone in Malaysia’s political and legal system, affecting the relationship between different States in Malaysia and future cooperation. 

“It’s also an opportunity for the Federal Unity Government to demonstrate its commitment to upholding equality and fairness within the nation in compliance with the Federal Constitution.

“Don’t let Sabahans wait and wait and wait indefinitely. Do it NOW!” Chin said.

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