PENAMPANG : The decision by the United Progressive Kinabalu Organisation (Upko) to quit Pakatan Harapan (PH) is a huge win for Sabah, said Upko’s Deputy President Datuk Donald Peter Mojuntin.
He was commenting on the party’s decision to withdraw from PH on the eve of the Sabah General Election which many see it as a political stunt to boost its image.
But many also perceive it as unlikely to affect PH’s position in the state.
“But for us, it is a huge win for Sabah. That is the most important thing. However, there are still other important matters to be sorted out with the Federal Government like details of rights over territorial waters, continental shelf and control of seabed resources.
“Other important matters are the issue of parliamentary representation and seat quota to restore the representative ratio.
“Several other legal matters require amendments to federal laws, full autonomy in education, health and the oil and gas royalty,” he said in a statement on Wednesday.
Mojuntin stressed the point that in autonomy education, it needs to lay out the curriculum and policies while in health the Ministry of Health have to improve its management and provide sufficient finances.
He said, Sabah will play her part to realise the objective of Sabah being governed by a coalition of local parties. Upko will move forward with the “Sabah First” agenda.
He reminded that a notice of appeal is still an appeal.
Mojuntin is contesting as Upko’s candidate in Moyog this coming election.
Previously, he represented Moyog seat in the Sabah Legislative Assembly (SLA) and Penampang as Member of Parliament.
With over 30 years of experience in politics and strong grassroots support, he is prepared to serve again for the development of the district.
“The government’s statement (on 40 percent) suggests it intends to file a partial appeal. This mean it will still need to submit a notice of appeal, but only against certain parts of the High Court judgment that the Federal Attorney General believes are flawed.
“If the Court of Appeal agrees with the Federal AG, that part of the High Court’s findings is wrong, this could affect the entire judgment, since the reasoning and findings of the High Court are interconnected,” he added.
Mojuntin said, even if the government claims to appeal only part of the judgment, the appellate court might find that the whole decision is unsafe and decide to set it aside entirely.
This means, according to him, while the Federal Government may publicly say it respects Sabah’s 40 percent constitutional entitlement, the eventual outcome of the appeal could invalidate the entire High Court judgment, including the ruling that confirmed Sabah’s 40 percent rights.
“Interestingly, the Federal AG appears to be appealing not against the judgment itself, but against the reasons for the judgment. As a general legal principle, an appeal can only be made against a court’s judgment, not merely the reasons behind it,” he said.
