Kapayan assemblyman Chin Tek Ming has challenged the GRS state government to disclose what it has done to secure Sabah’s 40% constitutional revenue entitlement, saying Putrajaya and the state administration must both be held accountable.

Chin said recent Court of Appeal proceedings over Sabah’s entitlement had raised questions about the responsibilities of successive state governments, particularly over the failure to properly conduct a constitutional review for the period between 1974 and 2021.

However, he said the federal government could not use the alleged inaction of previous Sabah administrations to avoid its constitutional obligations.

At the same time, the present GRS government must explain its own actions, particularly concerning the Second Review Order of 2022 and Sabah’s entitlement from that year onwards.

“Putrajaya cannot escape its constitutional obligations by pointing to the inaction of previous Sabah Governments. Equally, the present GRS Government cannot simply blame Putrajaya without accounting for its own actions,” he said in a statement dated Nov 1.

“Both governments have responsibilities. Both must be held accountable.”

Chin said Sabahans deserved documentary evidence of the state government’s efforts, rather than political assurances.

He cited the Warisan-led administration under former chief minister Shafie Apdal, which had made the restoration of Sabah’s rights under the Malaysia Agreement 1963 a government priority.

The 2020 state budget speech had acknowledged ongoing negotiations with the federal government and Sabah’s dissatisfaction with the special grant arrangement, he said.

However, Chin said negotiations alone were insufficient without actual implementation.

He also pointed to a private motion he submitted in the Sabah legislative assembly on April 2, seeking to ensure the state’s 40% entitlement for 2022 to 2025 and subsequent years was pursued while the historical dispute over 1974 to 2021 remained before the courts.

The motion was rejected by the Speaker on April 29, following advice from the state legal adviser and with reference to Standing Order 43(2).

Chin said he disagreed with the decision, arguing that the historical dispute before the courts and the state government’s responsibility to pursue subsequent years involved distinguishable periods and issues.

“Sabah’s constitutional rights do not begin and end with court proceedings. The State Legislative Assembly must also be allowed to exercise its oversight responsibilities,” he said.

He called on the GRS government to disclose seven areas of information, including its formal negotiations with Putrajaya, its position on the 2022 Second Review Order and the legal and financial basis for special grants received since that year.

He also wants the state to clarify whether it had formally pursued the full 40% entitlement for 2022 to 2025, the total amount due under the constitutional formula, payments received and the outstanding balance.

Chin further sought a concrete timetable and action plan for full implementation.

He said he respected the ongoing judicial process and did not intend to pre-empt the Court of Appeal’s decision.

However, he said Sabah’s constitutional rights should continue to be pursued through the courts, negotiations and legislative scrutiny.

“Our 40% is not charity. It is not a political favour. It is a constitutional entitlement,” he said.