KOTA KINABALU: All negotiations involving the government's commitment to return 40% of the revenue from Sabah should be based on the Federal Constitution, says Upko president Datuk Seri Wilfred Madius Tangau.

       He said that any negotiations for the special grants should refer to the 40% quantum stated in Article 112C of the Federal Constitution.

       "The negotiations for special grants under Article 112D should not contradict Article 112C, which sets the framework for the deal.

       "If the views (interpretation) are different from ours, the state government or the Federal Government, then as best as possible this matter should be submitted to the court to decide which is the correct view," he said during a webinar organised by the Wisdom Foundation recently.

       The webinar discussed among others, discussed the issue entitled "Negotiations on the Special Grant of item 112D: Contradicting Sabah's 40% Rights enshrined in Article 112C of the Federal Constitution".

       Madius said that the earlier negotiations should only be related to the ability of the federal government to make special grant payments.

       "Payment in other forms can be made and the consultation should only be on whether the federal government can afford to pay or not (40% of Sabah's rights)," he said.

       Madius said the Finance Ministry recently made a statement that the issue of 40% revenue return was implemented under 112D and was gazetted in 1970.

       "However, the gazetted news has been kept secret. Why should the gazette be kept secret when it is a news item? Why are things we should be able to get, not been given?" he said.

       He said the state government's approval must be obtained if changes must be made for the special grant.

       Constitutional expert Emeritus Prof Shad Saleem Faruqi had previously said that the special grant for the return of 40% of the state's revenue cannot be set aside by "mere political or administrative arrangements".

       He said although government policies, circulars and gazettes in this country could overwrite a law, it should not be done that way.

       Recently, Sabah and the federal government agreed to an RM125mil special grant annually with Chief Minister Datuk Seri Hajiji Noor saying they would continue to pursue the Constitutional right for the 40% return of revenue from the state.