Malaysia

‘It’s purely procedural and does not address the underlying constitutional issues,” SLS says

Counsel says the substantive constitutional issues, including the interpretation and proper implementation of Article 112D of the Federal Constitution, remain to be determined in the appeal

Updated 3 months ago · Published on 06 Apr 2026 1:12PM

‘It’s purely procedural and does not address the underlying constitutional issues,” SLS says
Constitutional questions unresolved as court of appeal grants stay in Sabah 40 per cent revenue dispute - April 6, 2026

THE Sabah Law Society (SLS) has emphasised that the Court of Appeal’s decision to grant a stay of execution in the ongoing 40 per cent revenue dispute with the federal government is purely procedural and does not address the underlying constitutional issues at the heart of the case.

“The effect of the order is to preserve the position pending the disposal of the appeal. It does not displace the findings of the High Court,” said SLS president Datuk Mohamed Nazim Maduarin in a statement.

He added that “the substantive constitutional issues, including the interpretation and proper implementation of Article 112D of the Federal Constitution, remain to be determined in the appeal.”

The Court of Appeal earlier allowed Putrajaya’s application for a stay, effectively suspending both negotiations and payment deadlines imposed by the High Court while the federal government pursues its appeal.

Delivering the ruling, Judge Datuk Mohamed Zaini Mazlan observed that the government would “clearly be prejudiced” if required to comply with the High Court’s order before the appeal is heard.

The lower court had mandated both negotiations and payment from the federal consolidated fund within 180 days.

“There would be serious financial consequences for public funds if the application for a stay was rejected pending the appeal,” Zaini added, noting that the “imposed timelines may not give the parties sufficient opportunity to determine the correct quantum payable.”

The appellate court also highlighted the “special circumstances warranting a stay pending the disposal of the appeal,” citing the complexity of calculating Sabah’s entitlement across multiple financial years from 1974 to 2021.

The three-member panel, comprising Zaini, Datuk Ismail Brahim, and K. Muniandy, made no order as to costs.

The stay now suspends the deadlines originally set by the High Court, which had ordered a review within three months and an agreement within six months from October 17, 2025, effectively setting a mid-April timeline for determining the amount owed.

The dispute arose from a judicial review initiated by the SLS, in which the High Court ruled that the federal government had breached its constitutional duty by failing to review and pay Sabah its 40 per cent share of net revenue for the “lost years” between 1974 and 2021.

The court noted that no such reviews had been conducted until 2022.

The SLS confirmed that it would continue to participate in the proceedings “in accordance with the law and the record before the Court.”

Senior federal counsel Ahmad Hanir Hambaly represented the government, while the SLS was represented by David Fung and Jeyan Marimuttu.

Sabah was represented by state Attorney General Datuk Brenndon Keith Soh. - April 6, 2026

Spotlight

Malaysia

PRN Negeri Sembilan: The battlegrounds, big names and three-cornered fights to watch

By Alfian Z.M. Tahir

People

Woman ends up with RM500 over food bill after date with ‘doctor’

Malaysia

Love scam: Twelve China nationals arrested in Ipoh over suspected online call centres

Malaysia

ASLI to field female candidate in Jeram Padang DUN

Community

‘Furry officer’ laid to rest as Kuching traffic police mourn beloved stray cat (video)

By Alfian Z.M. Tahir

Malaysia

Father mauled by crocodile as son watches in horror in Sabah river (UPDATED)

Malaysia

Johor shuts down Forest City Network School premises

Malaysia

Singapore: Chief Justice Sundaresh Menon to retire in Feb 2027, succeeded by Justice Sushil Nair

You may be interested

Malaysia

Missing 10-year-old girl found dead in Sabah, two men arrested over suspected murder

Malaysia

Social media influencer charged with statutory rape of underage girl in Kangar

Malaysia

University student loses over RM56,000 in Telegram 'love scam'

Malaysia

Malaysia imports more crude oil as domestic demand doubles local production capacity

Malaysia

NS PRN: PH administration's success, Aminuddin's ability will be campaign focus - Fahmi

Malaysia

PRN Negeri Sembilan: Handshake between Hadi Awang and Asyraf Wajdi centre of attention

Malaysia

Cabinet backs compensation orders for road accident victims

Malaysia

Three killed, two survive after flash flood sweeps victims away at Kedah’s Sedim River