Stay order removes urgency in Sabah’s 40pc entitlement review, says Chin

6 April 2026

KOTA KINABALU: The decision by the Court of Appeal to grant a stay of the High Court’s order on Sabah’s 40 per cent revenue entitlement is a setback as it removes the urgency that had driven progress on the long-standing issue, said nominated assemblyman Datuk Roger Chin.

Chin, who is also a former Sabah Law Society (SLS) president, said the ruling was disappointing not because it determined Sabah’s rights, but because it effectively removed a binding timeline that had compelled action after decades of inaction.

He said the appellate court granted the stay on grounds including jurisdiction under Section 44 of the Courts of Judicature Act and the existence of special circumstances, such as the scale and complexity of the exercise, potential financial implications, and concerns over whether the High Court order fully reflected the constitutional mechanisms of the review.

“Sabah’s entitlement is not in dispute as it is provided for under the Constitution and acknowledged by the Federal Government.

“The issue has never been about the existence of the right, but whether that right will be honoured in practice,” he said in a statement today.

Chin said the High Court’s earlier decision was significant as it imposed structure on what had long been an open-ended process, requiring the constitutional review to be conducted within a defined period and for an agreement to be reached within a fixed timeframe.

He said the stay order had effectively removed that structure.

While acknowledging that the exercise involves complex considerations, including decades of financial records and substantial fiscal implications, he said these factors were not new and should not be used to justify further delays.

“If accepted as justification for slowing down now, complexity will cease to be an explanation and become a permanent excuse,” he said.

Chin added that what had been lost was not the constitutional right itself, but the urgency to implement it, as the obligation now returns to a position dependent on negotiation, discretion and political will.

He also emphasised that the stay does not prevent the review from proceeding, particularly for current financial years, noting that there is no legal impediment to continuing the process or working towards implementation on a prospective basis.

“If the Federal Government is sincere in requiring more time, negotiations must not slow down but instead intensify,” he said, adding that only four meetings had been held so far, which he described as inadequate given the decades-long delay.

He said the issue goes beyond legal proceedings, as a constitutional right that is acknowledged but not implemented offers no practical benefit to the people it is intended to serve.

Chin added that Sabah is not seeking new provisions, but compliance with an existing constitutional framework.

“The appeal will proceed, but the more immediate question is whether this matter will now move forward with seriousness or continue to drift under the cover of process.

“If it does drift, then the issue cannot honestly be said to be legal. It will be, quite simply, the continued acceptance of delay in place of compliance,” he said.