KOTA KINABALU — The hearing of the Federal Attorney General’s appeal against a high court decision granting permission to Sabah Law Society (SLS) to proceed with their judicial review on the 40% revenue special grant has been set for May 16, next year.
SLS president Roger Chin today announced the new court dates after the hearing was postponed. The hearing was supposed to be held on September 14.
“When SLS was notified that the prior hearing date of September 14 would be vacated, it objected to the adjournment”.
SLS had then put in a Certificate of Urgency before the Court to show that the case of considerable public interest should be heard on September 14 or, if that was not possible, on an earlier date.
“The Court responded to the SLS's Certificate by informing SLS that November 7 to 10, 2023 are possible hearing dates.
“However, the Federal Attorney General informed the Court that the Federal Counsel conducting the case was not available on those dates.
“As the Court's only available date for a physical hearing (where the public can attend in person) was on May 16, 2024, this was set as the new hearing date,” he said here today.
SLS filed the judicial review in June 2022 and their action had also garnered the support of Sabah chief minister Datuk Seri Hajiji Noor. In November, the high court granted SLS an application for leave to commence the review.
The review was aimed at seeking a court declaration over the Federal Government to hold a second review in 1973 with the state government and subsequently, its failure to comply with the 40% revenue entitlement for Sabah.
The review is in accordance with Article 112D of the Federal Constitution while the 40% entitlement is in accordance with Article 112C of the Federal Constitution and Section 2 of Part IV of the Tenth Schedule.
The ruling Sabah leaders have maintained that the 40% entitlement demand still stands but questions arose over the state decision to endorse the second review order (on special grant) to fix the entitlement for the next five years as jointly announced by the state and federal government on April 14, 2022.
Sabah and Sarawak will both receive RM300 million in special grants this year from the federal government. — The Vibes, September 15, 2023
