Malaysia

SLS former president welcomes court decision 

He said the entitlement, rooted in Article 112C, has long been overdue

Updated 2 years ago · Published on 17 Oct 2024 7:57PM

 SLS former president welcomes court decision 
A case management session has been scheduled for 30 October 2024 - October 17, 2024

by Jason Santos

SENIOR lawyer Datuk Roger Chin has welcomed the Federal Court decision to dismiss the Attorney General’s application to appeal against granting leave to Sabah Law Society (SLS) to pursue the judicial review of Sabah’s 40% constitutional entitlement.

He noted the upcoming critical review at the High Court will pose a challenge to the 2022 Federal Government Review Order on the special grants.

“The entitlement, rooted in Article 112C, has long been overdue,” he said in a statement in Kota Kinabalu, today.

Chin said the SLS contends that both the Federal and Sabah state governments failed to conduct the mandatory second review under Article 112D by 1974, delaying it by a staggering 48 years.

This delay, SLS argues, has resulted in substantial financial losses for Sabahans, who were deprived of rightful payments during these “lost years,” he added.

Chin who is SLS former president said the AG’s appeal relied on four key legal questions, focusing on whether SLS’s application fell under the Federal Court’s exclusive jurisdiction, if SLS had the standing to bring the review, and whether the matter was even justiciable.

Despite these arguments, the court, led by Tan Sri Datuk Nallini Pathmanathan, Datuk Zabariah Binti Mohd Yusof, and Datuk Rhodzariah Binti Bujang, decisively upheld the previous rulings of the High Court and Court of Appeal, allowing SLS to proceed.

Representing the AG were Senior Federal Counsels Shamsul bin Bolhassan and Ahmad Hanir bin Hambaly @ Arwi, along with Federal Counsels Kogilambigai a/p Muthusamy and Liyana binti Muhammad Fuad. David Fung Yin Kee, Jeyan Marimuttu, and Janice Junie Lim appeared for SLS.

The court noted that there is no prima facie case to establish exclusive jurisdiction under Article 128(1)(b), and as SLS possesses threshold standing and therefore, there was no need to grant leave for this appeal,” he said.

“With this resounding win, the judicial review will now proceed to its next phase, where the merits of the case will be evaluated by the High Court in Kota Kinabalu.

“A case management session has been scheduled for 30 October 2024, where directions for the next steps will be issued,” he said. - October 17, 2024

Related News

Malaysia / 1mth

Anwar receives warm welcome from India’s Grand Mufti at Jamia Markaz

Malaysia / 1mth

Just accept the court decision – Ramkarpal tells Sanusi

Malaysia / 2mth

DAP to let delegates decide whether to remain in unity government, says Loke

Opinion / 3mth

Justice must never ask permission: Karim Khan, the ICC and the world today

Malaysia / 3mth

Bangladesh PM Tarique given official welcome

Malaysia / 5mth

SLS supports Sabah's move to delay implementation of border control law

Spotlight

Malaysia

Bersama suspends Nik Nazmi from party activities for three months

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Social media posts ‘emerge’- defending Ismail after Tuanku Muhriz’s public rebuke

World

Trump’s Muhammad joke about Iran presidency falls flat at Georgia rally

Health

Haze can cause life-threatening lung inflammation in cats and dogs, vet warns

World

Australia detects deadly H5N1 bird flu on Macquarie Island, threatening elephant seals

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Nik Nazmi acknowledges he is the individual detained by JAIS

You may be interested

Malaysia

Declining birth rate among the Chinese community worrying, says Penang Exco

By Ian McIntyre

Malaysia

Target employers and corrupt networks, not just illegal migrants at 224 hotspots - MCW

Malaysia

Man found dead with 70 per cent burns beside Johor railway tracks

Malaysia

Johor bears brunt of haze as nine areas record API readings above 150

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Nine suspicious packages at Negeri schools found to contain flour, plastic plates

Malaysia

Retiree loses RM42,580 to fake ustaz’s RM300k money-doubling scam

Malaysia

Fifty-four missing Malaysians’ families may get relief as Nepal weighs faster death certificates