KOTA KINABALU – The Kota Kinabalu High Court has granted the federal government’s application to stay (suspend) Sabah Law Society (SLS)’s judicial review proceedings in respect of Sabah’s 40% entitlement from federal revenue derived from the state
This is after the federal attorney-general (AG) appealed the court’s decision on November 11 last year to grant 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.
Judge Datuk Ismail Brahim gave the latest verdict today.
According to SLS president Roger Chin, this means that the society will first have to successfully defend the high vourt’s decision on November 11, 2022, before the judicial review can proceed to a full hearing.
“As SLS brought this judicial review as a public interest litigation ultimately for the people of Sabah, SLS assures the people that they would rigorously oppose the AG’s appeal in the Court of Appeal.
“SLS will also request the Court of Appeal to hear the appeal as soon as possible,” he said in a statement today.
“SLS shall keep the public informed on further developments of this case.”
The high court had on November 11 last year granted the 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.
At the time, high court judge Datuk Ismail Brahim had 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.
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 last year. – The Vibes, February 2, 2023
