KOTA KINABALU – The high court here has granted the Sabah Law Society’s (SLS) application for leave to commence judicial review proceedings against the federal government over its failure to review the 40% special grant constitutionally due to Sabah.
High court judge Datuk Ismail Brahim ruled on the grounds that the state bar had the locus standi (right to bring an action) to apply for a judicial review as the matter is of public interest.
The Sabah government, which earlier applied to be joined as the second respondent in the suit, supported SLS’ application.
According to Datuk Tengku Ahmad Fuad Tengku Ahmad Burhanuddin, who acted for the Sabah government, the question of the legality of the special grant order made this year is not an issue.
“This judicial review seeks redress (compensation) for the federal government’s failure to conduct a review of Sabah’s 40% special grant, which is a breach of Articles 112C and 112D of the federal constitution,” he said in a statement today.
In its suit, SLS alleged that it was a breach of for the Federal Government to have failed to conduct a review every five years starting in 1974, and that the Federal Government was obliged to pay Sabah 40% of Federal revenue derived from the State in each of the intervening years since 1974.
In the suit, SLS alleged that the federal government’s failure to conduct a review every five years from 1974 was unconstitutional, and Putrajaya was obliged to pay Sabah 40% of federal revenue derived from the state in each of the intervening years since 1974.
The suit came after the federal government gazetted a special annual grant of RM125.6 million for Sabah, for the next five years, in April this year.
Tengku Fuad said it is a critical case for Sabah as the federal government must honour its constitutional revenue-sharing obligations to the state.
“The federal government must be transparent about how much revenue it takes from the state each year. This judicial review will make clear that the federal government is answerable under the law if it acts in breach of its constitutional obligations to Sabah,” he added.
The federal Attorney-General’s Chambers, represented by Susanna Attan, argued that matters concerning the special grant were non-justiciable, which means they could not be brought to court in the event of a dispute.
The Sabah government earlier applied to be joined to the judicial review so its interests could be presented and argued before the court.
SLS was represented by David Fung and Jayen Marimuthu. – The Vibes, November 11, 2022
