KOTA KINABALU: The Federal Government must acknowledge the differences between federal responsibilities and state constitutional rights to foster equitable growth and strengthen the unity of the Malaysian Federation, says the Sabah Law Society (SLS).
SLS immediate past president Datuk Roger Chin said a recent statement by Prime Minister Datuk Seri Anwar Ibrahim regarding the RM16bil allocation for Sabah raises important issues about the distinction between Federal responsibilities and Constitutional entitlements.
He said Constitutional entitlements specific to the state within the Malaysian Federation are rightfully Sabah’s to receive.
Chin then added that while the RM16bil allocation is significant and necessary for Sabah’s ongoing support, it should not overshadow Sabah’s entitlement to the 40% special grant.
He said that on Sunday (Aug 4), Anwar had listed out what the RM16bil is meant for, including a RM6.6bil specifically for development funds and the rest for education, border security and infrastructure among other things.
Chin said these are mainly federal obligations and federal fundings, and such outlined expenditures are responsibilities typically managed by the federal government.
“Civil service salaries and infrastructure are foundational services the federal government must provide across all states to ensure equality and functionality within the nation,” he said.
“Security and education – these sectors are crucial for national stability and progress, necessitating federal oversight and funding, whereas the 40% Special Grant is a Constitutional right,” he said.
Chin said the distinction between Federal duties and state rights is critical in maintaining the integrity of the Malaysian Constitution and ensuring that Sabah receives the support it is rightfully owed.
“Proper recognition and allocation of the special grant will foster equitable growth and strengthen the unity of the Malaysian federation,” he said.
“Moreover, fostering clear communication and cooperation between Federal and state entities is essential to uphold constitutional rights and support Sabah’s development effectively,” he said.
Chin said that Sabah’s entitlement to the 40% special grant, as stipulated in the Malaysian Constitution, is distinct from regular federal allocations.
He added that this grant is calculated based on 40% of the net Federal revenue derived from Sabah, which was reported to be RM10.2bil last year.
Chin then said that Sabah should receive approximately RM4.08bil as a direct constitutional entitlement, adding that the RM16bil allocation should not be conflated with or seen as a substitute for the 40% special grant, which is a separate constitutional entitlement.
He said the special grant is designed to address the unique needs and contributions of Sabah, providing additional financial support beyond standard federal allocations and to ensure equitable developments while addressing specific regional challenges.
Chin said the administration of both federal allocations and the special grant should be transparent with accurate information dissemination and clear communication from federal authorities to prevent misunderstandings and foster trust.
“The special grant is not merely a financial transaction but a recognition of Sabah’s contributions to national wealth,” he said.
“It is essential to ensure these funds are effectively utilized to promote sustainable development, improve infrastructure, and enhance the quality of life for Sabah’s residents,” he added.
Chin said the situation highlighted the need for ongoing dialogue between federal and state governments to ensure fair and equitable distribution of resources because Sabah’s unique status requires respectful negotiations to secure its rights and development needs.
