Malaysia

Sabah Law Society files bid for judicial review over state’s special grant

Group seeks declaration of entitlement owed by federal govt from 1974 to 2021

Updated 4 years ago · Published on 09 Jun 2022 7:20PM

Sabah Law Society files bid for judicial review over state’s special grant
The action by the Sabah Law Society is the second legal action filed by a group from Sabah over the issue, following an application by Pakatan Harapan lawmakers last Friday. – The Vibes file pic, June 9, 2022

by Jason Santos

KOTA KINABALU – The Sabah Law Society (SLS) today filed its application for a judicial review over the disputed 40% special grant to the state.

The application was made at 4pm today via the court’s online registration portal, where the society is seeking that the federal government honour the 40% entitlement as stated in Article 112C and Part V of the 10th Schedule of the federal constitution. 

SLS said it is seeking a court declaration over the failure of the federal government to hold a second review in 1973 with the Sabah government. 

“The failure to carry out the review is a breach and contravention of the federal government’s constitutional duty as stipulated under Article 112D, Clauses (1), (3) and (4) of the federal constitution.”

The group is also seeking that the court declare the entitlement owed by the federal government to the state for every year between 1974 and 2021. 

“The failure to pay the entitlement for each year is a breach of the fundamental rights as enshrined under Article 13 of the federal constitution.”

SLS said it is vested with the necessary statutory powers and authority to file the review on the grounds that the legal action is intended “to uphold the cause of justice without regard to its own interest or that of its members, uninfluenced by fear or favour” and “to protect and assist the public in all matters…relating, ancillary or incidental to, the law”. 

This is the second legal action filed by a group from Sabah over the issue.  

On June 3, 12 Sabah Pakatan Harapan elected representatives filed an originating summons over the 40% entitlement, naming the state and federal governments as respondents. – The Vibes, June 9, 2022

Related News

Malaysia / 6d

Sabah poverty figures, tourism ranking among Malaysia’s quieter gains, says World Bank economist

Opinion / 1w

Merdeka: This is our Malaysia – and you will not take it from us

Malaysia / 3w

Sabah and Sarawak can become 'kingmakers', determine who will lead Federal government

Malaysia / 3w

Warisan keeps Sabah pact talks open, pushes for local parties to contest 25 seats

Malaysia / 1mth

Sabah does not agree to 200-litre diesel quota, forms special committee - Masidi

Malaysia / 2mth

Tsunami alert: Stay calm and obey instructions from the authorities – Hajiji (video)

Spotlight

Malaysia

Penang CM defends move by housing board, says enforcement is last resort

By Ian McIntyre

World

Anak Krakatau’s six eruptions recorded

Malaysia

Delivery rider's compassion turns RM14.50 meal into wave of public generosity

Malaysia

Sanusi’s gambling stance puts PAS manifesto under scrutiny

By Alfian Z.M. Tahir

Malaysia

Zahid’s game plan is opening up

Malaysia

Chew Jetty fire: Business owners lose everything in the blink of an eye

By Ian McIntyre

Malaysia

SMART Team leaves for Nepal today as search for 55 Malaysians continues

Diary

Mother Teresa - one of the foremost humanitarian figures of the 20th century died today, 29 years ago

You may be interested

Malaysia

Haze emergency possible if air pollution index hits 400

Malaysia

Police probe alleged abuse of two-year-old at Mentakab nursery

Malaysia

Kepong MP challenges government over proposed hybrid SST-GST model

Malaysia

Mount Anak Krakatau eruption: Major carriers, including Malaysia Airlines, AirAsia cancel, reschedule flights

By Alfian Z.M. Tahir

Malaysia

Eleven held over revenge machete attack on man in Perak

Malaysia

Delivery rider's compassion turns RM14.50 meal into wave of public generosity

Malaysia

Rayer demands probe into alleged PAS-US meeting over government plot

By Ian McIntyre

Malaysia

PM warns fertiliser firms of potential contract cancellations, orders MACC review