KOTA KINABALU: Parti Kerjasama Anak Negeri (Anak Negeri) has described UPKO Youth’s response to the party’s comments on UPKO’s roundtable discussion on the 40% entitlement as desparate, inconsequential, ignorant of the real facts, and therefore irrelevant.
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It’s President, Datuk Henrynus Amin, reiterated that UPKO’s ill advised PR exercise in conducting the one day roundtable discussion on the 40% entitlement was obviously intended to endorse policy proposals on the state’s 40% entitlement possibly hatched out in Putrajaya.
He said it was highly improbable for UPKO President, Datuk Ewon Benedick, to have produced a comprehensive policy solution to the 40% claim simply by conducting a one day roundtable discussion involving individuals who have no access, nor were privy to the relevant information.
“It begs the question how Ewon by himself through the one day roundtable discussion could formulate a policy solution without the involvement or inputs of State or Federal agencies or officials who are actually privy to the relevant information.”
He said the fact that Ewon tried to lobby the Sabah Chief Minister to accept the undisclosed proposal on payment mechanism without consulting other political political parties in the state unity government was highly questionable and could be counter productive.
He said UPKO’s PR exercise unless proven to be otherwise can be seen as intended to justify the decision by UPKO to withdraw their legal suit against the Federal Government on the 40% issue last year.
Meanwhile Henrynus has chided UPKO Youth for trying to silence Anak Negeri instead of answering pertinent questions raised.
He said Anak Negeri as a Non Aligned political pressure group is not barking for the sake of barking, but is trying to fulfill its role and responsibility as a registered political party to ensure the government of day, State or Federal, is held accountable for their action or inaction on policy matters.”
He said Sabahans are expressing distrust of political leaders in government who say one thing today and then do the opposite once appointed into position.
He said there must be a healthy debate on political issues. Getting criticized is part of a mature political process. Voters want a robust debate on policy issues and reading or listening to alternative point of views. Political leaders who are unable to accept criticism have no business in politics.
“Anak Negeri does not have elected officials in the State Assembly or Parliament as yet, but we can and will use whatever venues such as the press and social media to air our views,” said Henrynus in a statement.
UPKO, he said, should not fear a noisy small political party if they have not committed acts detrimental to Sabah’s interest.”
He said Anak Negeri concern is the long and protracted political process in finding a solution to the 40% claim which has not produced any tangible result.
“The solution to the 40% dispute between the State and Federal Government is no longer through the political process, as it is now being litigated in the High Court of Borneo.”
Henrynus reminds UPKO Youth that the Sabah Law Society (SLS) has since filed a legal suit seeking a judicial review of the matter, and there should not be any political inteference to preempt the court decision.
He said there is no other option for the Sabah State Government to act except to resort to legal and constitutional measures such as invoking Article 112D (6) of the Federal Constitution to enable the appointment of an independent assessor or arbitrator to decide on the actual amount Sabah was entitled to and also the payment mechanism.
“The onus is upon the Federal Government as the debtor to propose a payment mechanism, not the Sabah state government which is the actual creditor.”
“Sabah should either accept or reject any payment proposal offered by the Federal Government as the debtor. If State and Federal Governments were to disagree, the decision of an independent assessor is binding upon the state and Federal Government.”
Henrynus lamented the Federal Government has unfairly and unashamedly used the political process to delay and buy time perhaps to nullify state constitutional rights to the 40% of net Federal revenue accrued in Sabah.
He said instead of complying with the relevant constitutional provisions, the Federal Government has consistently ignored state demands, and may have manipulated Sabah state leaders into signing state consent on an interim solution through false or insincere promises.
He said the signing of state consent by Sabah State leaders twice in 2022 and 2023 to accept an interim payment of RM125.6 million and then increased to RM300 million annually was a case in point which may have rendered the 40% formula no longer applicable.”
“Here is my take. Instead of trying to preempt the decision of the court on the 40% legal suit, Ewon should instead support the plaintiff in their court case and wait for the outcome of the court process.”
“The immediate concern is getting the Federal commitment and acknowledgement of the 40% entitlement or their financial obligation to Sabah, not the payment mechanism.
“Anak Negeri views the SLS court action against the Federal Government as a viable solution to the 40% issue.”
For that matter, Henrynus urged all Sabahans regardless of their party affiliation or non affiliation to support SLS and freely contribute to their legal cost.
He said the outcome of the Sabah Law Society’s legal suit is important as it will decide on the fate of the Sabah claim on the 40% entitlement.
He said the SLS legal suit was filed in response to the publication of the Federal Gazette in 2022 which totally ignored or failed to mention the 40% formula.
He said Ewon should address the statement by then Federal Finance Minister, Tengku Zafrul Aziz, in 2022 in Parliament which stated the 40% formula was no longer applicable.”
In fact, he said, subsequent to Zafrul’s statement in Parliament, Ewon and 10 other Sabah PH leaders had filed a law suit to challenge the Federal Government on the matter.
But for the record, once appointed into positions, Ewon and 10 other Sabah PH leaders conveniently withdrew their court case against the Federal Government on the basis of a vague promises by the Prime Minister of Malaysia. – Talantang 15 January 2024
