By David E.
KOTA KINABALU: Oct 30, 2026 – The Sabah Law Society (SLS) maintains its position that Sabah’s right to 40 per cent of state revenue, which was not shared for 48 years, from 1974 to 2021, cannot be ignored in the review currently being conducted by the federal government.
SLS representative Dr David Fung Yin Kee said the lost years have not disappeared and the revenue obtained from Sabah had gone into the federal consolidated account.
“In the current review being conducted by the government, they cannot ignore the lost years. They must take into account the revenue obtained from the state of Sabah,” he told reporters after proceedings at the Sabah State Court yesterday noon.
He said what Sabah wants is a share of that revenue as promised under the Federal Constitution, whether 40 per cent or another amount agreed upon during the review.
“But what cannot be accepted by the people of Sabah is that for 48 years the revenue was not shared with them because it is actually their money,” he stressed.
Dr David said the revenue obtained by the federation from Sabah means all of it had gone towards developing Malaysia, to which Sabah also contributed.
“What has been promised in the constitution must be fulfilled. The review, we say, must be done,” he said.
Responding to a question on whether SLS is able to secure the rights of the people of Sabah, he said this case is public interest litigation because revenue from the state of Sabah is meant for the development of state services.
He cited the example of the Sabah railway, which has never been repaired since the formation of Malaysia, with no railway connecting the west coast to the east coast, roads in poor condition and water shortages across the state.
“Three weeks ago, Tawau, one of the largest towns on the east coast, had no water for a week,” he said.
He therefore questioned why a state that contributes so much in terms of minerals and oil is in such a condition, and what is needed to improve the lives of the people.
“We are not asking for money contributed by others. We are asking for a share of the money that belongs to us but was not returned from 1974 to 2021,” he said.
He said this case is important because it concerns the Federal Constitution, which is the supreme law of the country and continues to apply to the people even though it was formed in 1963.
“The court now has a heavy responsibility to interpret those provisions and give meaning to them, to give them life,” he said.
He stressed that the federal government and the state government are trustees of the people, and the money belongs to the people.
“They need to follow what the rule of law says, interpret those provisions carefully. In the end, it is not for the interest of the government, but for the interest of you and me. Because the government exists for the people,” he said.
On the main difference in today’s proceedings, Dr David said the federal government’s view is that the current review is for 2022 onwards, while the 1974 to 2021 period does not apply without an amendment to the Federal Constitution.
“Through the process of interpreting what it means, they say Sabah has lost 48 years of revenue that should have been shared with them. They say you don’t need to do it. It does not apply,” he said.
Meanwhile, former SLS President and nominated assemblyman Datuk Roger Chin Ken Fong said what needs to be understood is that the federal government has always maintained that negotiations are ongoing regarding the 48 lost years. The Prime Minister has mentioned it many times.
“But how can that happen when they come and tell us there are no 48 years, because by their interpretation, there are no lost years,” he said.
He questioned whether the negotiations that were publicly announced to all of Malaysia, especially the people of Sabah, were a lie.
“I think that is the really sad thing about what we heard today, which is clearly their position, that even though we have been publicly told that negotiations are ongoing regarding Sabah’s 48 years, in reality Sabah will not get it,” he said.
On the position of the state government as the second respondent, Roger Chin said the state government applied to intervene and therefore became a party in this case.
Dr David added that the state government is a stakeholder because any payment of past revenue must be paid to the state government, which represents the people and controls state finances and planning.
“They are responsible for that money,” he said.
From left to right, the individuals pictured are: Liew Yung Enn (Counsel), Vanessa Maria Marimuttu (Counsel), Vanessa Maria Marimuttu (Counsel), Dr. David Fung Yin Kee (Lead Counsel), Jeyan T.M. Marimuttu (Senior Counsel), Supporting Legal Assistant / Colleague (standing behind, partly visible), Datuk Roger Chin (Immediate Past President of SLS & Case Advisor), Supporting Legal Practitioner / Pupil, Legal Associate / Representative.
– TV Sabah
