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
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