THE Sabah Attorney-General’s office has come under fire after a last-minute move to take part in the federal government's appeal against the High Court decision granting a judicial review on Sabah’s 40% revenue entitlement.
This after the counsel representing the AG’s office claimed that the 40% was merely “aspirational” while refuting the Sabah Law Society’s locus standi in pursuing the review through the courts.
The Sabah government was allowed to become an intervener and was represented by Tengku Fuad Ahmad in the appeals court on Thursday.
Fuad stated that the Sabah government views the constitutional provision Article 112C as not mandatory and an absolute right.
Article 112C refers to Sabah’s special grant, which Fuad claimed is an aspirational article “designed for something to work towards as opposed to an absolute right under mandamus.”
Leaders from all Gabungan Rakyat Sabah (GRS) parties convened a meeting yesterday at the Chief Minister’s Official Residence, Sri Gaya, to scrutinise Fuad’s assertion in the appeal court.
Present at the meeting were Sabah Star President Datuk Seri Jeffrey Kitingan, Sabah Progressive Party President Datuk Seri Yong Teck Lee, Parti Bersatu Sabah Deputy President Datuk Seri Dr. Joachim Gunsalam, and United Sabah National Organisation President Tan Sri Pandikar Amin.
The first to react was Sabah Chief Minister Datuk Seri Hajiji Noor, clarifying that the 40% revenue entitlement is more than just aspirational.
Due to public backlash, Hajiji assured that the Sabah government maintained its official 40% demand and highlighted the period from 1974 to 2022 during which the Federal Government defaulted on carrying out a review of Sabah’s special grant.
In a statement, Hajiji ordered the Sabah AG’s office to review the legal proceedings and correct any misguided statements differing from the Sabah government’s formal position.
“I do not want to prejudge the outcome of the Court of Appeal, but I share the same sentiment as all Sabahans and hope the decision will be favourable to the state,” he said.
PBS President Datuk Seri Dr. Joachim Gunsalam urged Sabah to stand behind the GRS government in its pursuit of the 40% claim and criticised Fuad’s claim that the entitlement was aspirational.
Sabah Star President Datuk Jeffrey Kitingan pointed out that Fuad had no right to intervene in Putrajaya’s bid against the High Court decision.
“I totally do not agree with what Fuad said. The Sabah government has never appointed him on this 40% issue, so he cannot speak on behalf of the Sabah government. He himself has no locus standi,” said Jeffrey.
The Federal Government has appealed against the High Court decision to grant leave to the Sabah Law Society to review the 40% special grant in November 2022.
The Sabah Government wrote a letter to intervene as a co-appellant on July 31, 2023, some 18 months after the High Court made its decision.
However, during the appeal proceeding on Thursday, when the Federal Government challenged the society’s locus standi in making the review, the Sabah government’s representation was allowed to intervene, with Fuad expressing similar sentiments that the society does not have locus standi.
Both the Federal and State Governments view that the matter of the 40%, which is of economic and financial nature, should be exclusively a matter between government to government. – The Vibes, May 18, 2024
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