Bumburing’s comments ‘copied’ from WhatsApp groups, claims MySabah

KOTA KINABALU: The comments made by Datuk Seri Wilfred Bumburing in a local daily on November 7 on Sabah’s two-fifths Revenue Entitlements under Part IV of the Tenth Schedule of the Federal Constitution appear to have been copied from various WhatsApp Groups, claimed Tengku Fuad Ahmad, who is MySabah’s legal advisor.

Tengku Fuad in a statement yesterday said he had in late October this year, published an essay outlining the various aspects of Sabah’s Constitutional revenue entitlements under Part IV of the Tenth Schedule for the benefit of MySabah members.

The MySabah Secretariat then, around the Oct 31, republished excerpts of his essay on various other WhatsApp Groups, including among others, the ‘Political Forum’ group. It appears that Wilfred has quoted extensively - almost word for word - certain aspects of my essay on Sabah’s two-fifths revenue entitlements, ”he said.

Tengku Fuad said: “However, Datuk Wilfred has clearly misunderstood a number of key points which I feel must be clarified. First, there is no need to table before the DUN (state assembly) any resolution in support of a review under Article 112D of the Federal Constitution.

“Article 112D provides for a government to government negotiation between both the Sabah and Federal Governments for the purposes of agreeing on how much Sabah is entitled to under the special grant stipulated in Part IV of the Tenth Schedule - the 2/5ths or 40 per cent revenue entitlement.

“Any resolution of the DUN would not only be redundant a waste of time, but would also infringe upon the objects and intent of Article 112D.

“Second, it must be made clear that while the special grant states that Sabah’s entitlement is 2/5ths of the ‘revenues derived from the State’, that sum is subject to two important considerations. These are the financial position of the Federation and (the ‘needs of the State’.”

Put simply: as a starting point in an Article 112D negotiation, Sabah is entitled to a sum equivalent to 2/5ths of the revenues derived from it by the Federal government, Tengku Fuad explained.

However, this sum is subject to ‘the financial position of the Federation’ and ‘he needs of the State’, he said, adding that if the Federal government cannot afford to pay to Sabah 2/5ths of the revenues it derives from the State, then both governments may agree on a lower sum.

“Additionally, Sabah must also show that the sum to be granted under Part IV is necessary in terms of meeting the financial obligations of the State. That is to say that the grant is necessary in order to pay for state services such as roads, rural infrastructure and other such obligations,” Tengku Fuad said.

“After both the Sabah and Federal governments agree on the sum to be paid, then that sum and its terms of payment will be subject to review every five years.”

However, what is important to appreciate is that under Article 112D, Sabah’s 2/5ths revenue entitlements may also be modified, substituted, varied or abolished altogether upon the mutual consent of both governments, he pointed out.

The mandatory five-year review period, likewise, may also be abolished if Sabah and the Federal governments agree to it.

Therefore, it is essential that the Sabah government, led by Tan Sri Musa Aman, be allowed to proceed under Article 112D without any unnecessary political interference, especially from those who are not well informed on the issues, he said.

“From what I have observed, it is clear that the Prime Minister, in his Malaysia Day speech, has lent his support to ensuring that Sabah’s rights are respected and upheld. I also understand that a second review under Article 112D is forthcoming and we should allow both the Sabah and Federal Finance Ministries the time they need to properly prepare and conduct the second 112D review,” opined Tengku Fuad.

In reply to Bumburing’s call to emulate Sarawak, Tengku Fuad said that in 2016 MySabah sent lawyers to London twice to not only conduct research on the various pre-Malaysia documents but also to instruct Queen’s Counsel, Lord Anthony Lester, in respect of an Opinion on Sabah’s revenue entitlements under the Federal Constitution.

This research was conducted more than a year before Sarawak sent their delegation to London, he said.

“Therefore, there is no need to unnecessarily burden the Sabah government with unnecessary expenses since the work has already been done and the results shared with the various relevant authorities.

“The only difference here is that MySabah works steadily and quietly in the interests of Sabah and does not seek unnecessary publicity,” he added.