Fixed Sums For Sabah Sarawak Against Constitutional Vision Says Academic

---

 
Shad Saleem Faruqi said the sidestepping of a periodic review is only permissible if an independent assessor is appointed and both parties agree to the results of the review.
SUBANG JAYA: The fixed annual grants received by Sabah and Sarawak since 1972 contradict the escalating and negotiated grants initially envisioned by the Federal Constitution, says constitutional law professor Shad Saleem Faruqi.
Speaking at a forum entitled “Fifty Shades of Federalism” here today, Shad said it appeared that articles 112C and 112D of the constitution, which require a periodic review of the sums granted, have been sidestepped.
The articles in question relate to the revenue owed to Sabah and Sarawak by the federal government.
Shad cited research from Universiti Malaya postgraduate student Mazlianie Lan indicating that from 1964 to 1972, the overall estimated revenues of Peninsular Malaysia, Sabah and Sarawak were distinctly segregated and identified.
Beginning in 1972, the estimated revenue of Malaysia was combined as a whole and no longer distinctly segregated among the various states, Shad added.
“From 1972 onwards, the Bornean states began to receive fixed annual grants, contrary to the escalating and negotiated grants that the constitution envisioned.
“The 40% (of the state’s revenue) that Sabah is to receive and the proportion for Sarawak is supposed to be negotiated under periodic reviews, but these provisions of the constitution have been totally ignored,” he said.
According to him, both Sabah and Sarawak enjoy some fiscal privileges unavailable to peninsular states, including the right to collect some taxes, fees and dues, along with provisions for special federal grants.
Shad said the sidestepping of a periodic review is only permissible if an independent assessor is appointed and both parties agree to the results of the review.
However, he said there had been no evidence of this procedure being followed. - FMT

---