Malaysia

Putrajaya to file appeal to stay Sabah’s 40% revenue review ruling

Attorney-General has been instructed to file for leave to appeal to Federal Court.

Updated 1 year ago · Published on 21 Jun 2024 5:33PM

Putrajaya to file appeal to stay Sabah’s 40% revenue review ruling
Senior federal counsel Fardiansyah Abdul Kadir told the Court of Appeal today that Putrajaya plans to apply for leave to the Federal Court. – The Vibes file pic, June 21, 2024.

by Jason Santos

THE Attorney General's Chambers will file an application to stay the leave granted to the Sabah Law Society (SLS) for a full review of Sabah’s 40% revenue entitlement in the High Court.

Senior federal counsel Fardiansyah Abdul Kadir told the Court of Appeal today that Putrajaya plans to apply for leave to the Federal Court.

“I have been instructed to apply for leave to appeal to the Federal Court.

“We are within the time frame to appeal, which ends on July 7, 2024, and we will file the motion to the Federal Court soon,” he said in an email to the Court of Appeal, sighted by The Vibes.

On June 18, the Court of Appeal unanimously granted SLS leave to commence judicial review proceedings at the High Court on Sabah’s 40% revenue entitlement.

This came after the Kota Kinabalu High Court's decision to grant leave to SLS for the review in November last year.

SLS is seeking a court declaration regarding Putrajaya’s failure to hold a second review of the state grant since 1973.

They are also seeking a declaration of the entitlement owed by the central government to Sabah for each year from 1974 to 2021.

The entitlement is stated in the Federal Constitution Article 112C and Part IV of the Tenth Schedule, with the review stipulated in Article 112D.

Putrajaya’s decision to file for the stay is expected to challenge Prime Minister Datuk Seri Anwar Ibrahim’s repeated vow to implement all state rights in accordance with the Malaysia Agreement 1963. – The Vibes, June 21, 2024.

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