Moyog assemblyman Datuk Donald Mojuntin has called for the immediate strengthening of Sabah’s legal, economic and technical capacity to defend the state’s constitutional right to the 40 per cent revenue. This call comes in response to the Federal government’s decision to appeal a landmark High Court ruling that favored Sabah.

During a debate at the Sabah State Assembly, Donald emphasized that the 40 per cent revenue entitlement is not a new demand or a political agenda; rather, it is a constitutional promise that has remained unresolved since 1963.

Legal Clarity and Federal Obligations

He stated, “This right is not a political interpretation. It is a clear decision of our own High Court,” referring specifically to the ruling made on October 17, 2025, which affirmed that the Federal government has a statutory and mandatory duty to review and pay the 40 percent to Sabah.

According to Donald, the court’s ruling clarified that Sabah’s entitlement is part of the federal structure, not a matter of goodwill. He noted that the state is entitled to full access to revenue data and financial statements as stipulated under the Tenth Schedule of the Federal Constitution.

However, he expressed serious concerns regarding the Federal government’s decision to file an appeal. “The purpose of the appeal is clear: to challenge the High Court’s justification and, more critically, to avoid liability for the ‘lost years’ from 1974 to 2025 due to the failure to conduct the mandatory five-year review under Article 112D(3),” he said.

Concerns Over Preparedness

Donald cautioned that the appeal is not just a technical legal maneuver; it represents an attempt to dilute the meaning of Article 112D(3) and to close the door on decades of arrears owed to Sabah. “When the Federal government chooses litigation, Sabah can no longer rely on goodwill or ordinary negotiations. This is now a constitutional, fiscal, and technical battle,” he stated.

He raised questions about whether Sabah is adequately prepared for this challenge, noting that the Federal government is supported by top constitutional lawyers and fiscal experts. “In contrast, Sabah is still not fully equipped with senior constitutional counsel of national standing, professional actuaries, certified accountants, and fiscal economists,” he mentioned.

Donald stressed that this issue is not about placing blame on individuals but rather about addressing a structural weakness that urgently needs correction. “With due respect, we cannot enter a professional arena with amateur-level preparation,” he remarked.

Proposed Task Force for Constitutional Defense

He proposed the establishment of a Special Sabah Constitutional, Economic, Actuarial and Litigation Task Force, which should be chaired by the State Attorney General. This task force would be responsible for supporting the appeal process, calculating arrears from 1974 to 2025, constructing a legally and economically sound 40 per cent formula, and demanding full disclosure of revenue data from the Federal government.

Donald emphasized that this task force is not a political team but rather a group dedicated to defending Sabah’s constitutional rights. “This is a team to defend Sabah’s constitutional rights,” he concluded.

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