“I STAND by my principles,” said United Progressive Kinabalu Organisation (UPKO) president Datuk Ewon Benedick as he announced his resignation from the federal Cabinet.
He cited what he described as the Attorney General’s Chambers’ (AGC) disregard for Sabah’s constitutional right to 40 percent of federal revenue derived from the state.
“I cannot agree with the position and interpretation taken by the AGC, who serves as the legal adviser to the prime minister and the federal government.
“It would therefore be highly improper for me to continue serving in the Federal Cabinet given the AGC’s position, which I believe will remain unchanged,” he said in an official statement on social media late Saturday night (October 8).
Highly improper?
I say it would be highly untenable for Ewon to continue as a minister as he is bound by the constitutional principle of collective responsibility pursuant to Article 43(3) of the Federal Constitution.
Collective responsibility means decisions made by the Cabinet are binding on all members of the government. This means that if a minister disagrees with the Cabinet’s decision, he or she must still publicly support it.
A minister is entitled to express his or her views, but has to disagree privately. But once a decision has been made by the Cabinet, it is binding on all members of the government. A minister who cannot abide by collective responsibility is expected to resign.
It is salutary of Ewon to stand by his principle.
But it is equally salutary if he respects the federal government’s right to appeal against the Kota Kinabalu High Court Kota ruling that the federal government acted unlawfully by not fulfilling Sabah’s right to 40 percent of federal revenue for nearly 50 years.
The right to appeal is a substantive right, not a mere procedural right. (See judgment of Gopal Sri Ram, then a judge of the Court of Appeal, in Majlis Perbandaran Pulau Pinang v Lembaga Rayuan Negeri Pulau Pinang & Anor [2006])
An appeal is the most obvious way in which individual judges are accountable for their decisions. It also allows an aggrieved party to have the decision of a judge or panel of judges to be reviewed by another independent judge or panel of judges.
The court hearing an appeal will correct errors by the lower court judge and the right of appeal ensures that, as far as possible, courts arrive at correct decisions.
In these ways the right of appeal furthers the rule of law.
So, while we hail the Kota Kinabalu High Court doing its duty to uphold the Federal Constitution, we must equally respect the right to appeal of aggrieved parties.
Even if the aggrieved party is the federal government. - November 10, 2025
***Hafiz Hassan is a Scoop reader
The post Salutary of Ewon Benedick to resign but equally salutary if he respects federal govt’s right to appeal – Hafiz Hassan appeared first on Scoop.