UPKO President's efforts to deliver Sabah's constitutional entitlement misunderstood

17 January  2024

By Wartawan Nabalu News

KOTA KINABALU:  In a recent development, comments were made regarding the efforts of the United Progressive Kinabalu Organisation (UPKO) and its President, Datuk Ewon Benedick, in organising a roundtable and presenting recommendations to the Sabah government.

Nelson W Angang, Secretary General of UPKO in a statement said contrary to misconceptions, the proposal made to the Sabah government aimed to identify the best mechanism for the delivery of Sabah's 40% constitutional entitlement. UPKO's intention was never to deny or abandon this entitlement.

He stated being one of the members of the Malaysia Agreement 1963 Implementation Action Council and the MA63 Technical Committee chaired by Prime Minister Dato’ Seri Anwar Bin Ibrahim and Deputy Prime Minister Dato’ Sri Haji Fadillah Bin Hj Yusof respectively enables him to understand and appreciate the discussions, issues and progress to finalise the delivery of Sabah 40% entitlement.

“Our leadership is always open to criticism. When UPKO's round table was questioned, we made the effort to provide an explanation. Our Penampang Youth chief, Ebell Dominic, who was present at the roundtable, explained that the payment of the 40 percent involves technical issues related to taxation, accounting, auditing, and the interpretation of the federal constitution.”

“It was also reported in the media that the roundtable included experts in the relevant field, such as Sabah representative to the LHDN board, Datuk Petrus Gimbad, former Sabah Law Society president (SLS), Datuk Roger Chin, along with several senior members of the bar. Additionally, the Chief Executive Officer of Sabah Institute of Development Studies, Prof Datuk Ramzah Dambul, a former Judge, and former Sabah leaders who have experience in past state and federal government administration were also present,” he stated.

The purpose of the roundtable was to facilitate the sharing of expertise, knowledge, and perspectives on finding an effective mechanism for delivering the 40% entitlement. It is misleading to claim that the roundtable was intended to pre-empt the SLS action. The representatives from SLS who participated in the roundtable are highly knowledgeable and experienced senior members of the Sabah bar. They are actively involved in the SLS suit and are capable of providing their views while ensuring that it does not impact the ongoing court action, he said.

According to him, maintaining a positive mindset is crucial when engaging in collective efforts like this. However, despite providing detailed explanations in response to the query, it was disregarded and labeled as desperate and irrelevant, conveniently overlooking the facts presented.

According to him, it is important to acknowledge that UPKO initiated the roundtable, but the proposal itself emerged from extensive discussions and the exchange of ideas among all participants. Dismissing the proposal undermines the efforts, ideas, and contributions made by these esteemed individuals who genuinely seek the best outcomes for Sabah and its people. It is essential to show respect and appreciation for their valuable input.

“If UPKO cannot give its views, input and proposal on the matter; then from the same logic, any non-aligned political group that want to express its view, criticism and stand on the matter would also be unable to do so. There must be consistency in the argument. You cannot be blowing hot and cold at the same time. I agree that the people would want to hear healthy debates on policy issues and reading or listening to alternative views.,” he said and further questioned, was it wrong of UPKO to present its view as compared to other political leaders from different political parties airing their views on the matter?

According to him they have emphasised repeatedly, it is open for anyone to put forth proposals to the Sabah government in support of obtaining our 40% entitlement. However, it is important to recognise that the Sabah government leadership will only consider and accept recommendations, whether from UPKO or any other groups, if they hold substance and demonstrate clear benefits for the well-being of Sabah and its people. The focus should be on presenting proposals that are meaningful and impactful, with the ultimate goal of serving the best interests of Sabah and its population.

“Even Sabah Finance Minister Datuk Masidi Manjun had commented recently that the availability of data on revenue sources collected by the Federal Government from Sabah remains an obstacle because there are many other sources of revenue which has not been clearly identify. This is one of the most challenging parts in determining the actual amount of revenue that Sabah is entitled to.”

He stated that UPKO always understood this and all their efforts including the Sabah PH 40% suit had included a declaration for the Federal government to disclosed the areas and amount of revenues it had collected from Sabah over the years.

“How can we demand something if we ourselves are yet to fully understand and appreciate what are the areas and amount of revenues that has been collected from us? Whether we like it or not, to simply say and demand that the Federal government must comply with the Federal Constitution is simply not enough. If we were to disagree with the proposal from the Federal government on the amount of revenues, we must be prepared and equipped with the knowledge of these areas of revenue and the amount that’s acceptable to Sabah.”

He said it was also suggested to invoke Article 112D (6) of the Federal Constitution to appoint an independent assessor.

According to him, there are views that appointing an independent assessor at this point in time may not solve the issues because an independent assessor only assesses the amount or quantum that cannot be agreed on.

“But where there is a dispute as to the interpretation of the constitution specifically to Article 112C and 112D of the Federal Constitution between the Federal government and the Sabah government, an independent assessor may not be the right person to make an interpretation of our constitution. These are just some of the various issues that have to be dealt with. That is why UPKO took the initiative of having this roundtable.”

The issue is more complex as compared to a borrower who had defaulted on his loan with the bank, he opined.

He said instead of persistently criticising the efforts made by UPKO, it’s more productive to acknowledge that there are differing approaches and find ways to complement each other and work towards the shared objective of ensuring that Sabah's 40% entitlement is respected and delivered. Continuing to belittle the sincere efforts of others will not bring us any closer to achieving this goal for our people.

 It is important to foster mutual respect and collaboration, recognizing that by working together, and increase the chances of success in benefiting the people of Sabah.