KOTA KINABALU – The Sabah Law Society (SLS) has the best chance of fighting for the 40% special grant to Sabah as it has the locus standi (right to be heard) and the best remedies for the long-standing issue.
Its president Roger Chin said that the state bar as a free body that is above politics mounted the action to file its application for a judicial review over the disputed special grant believing that they have the best right to be heard compared to others.
“Essentially, if SLS does not have the locus standi, then the chances of other people having locus standi is not any better than SLS,” he said at a press conference here today.
The conference was conducted to clear the air about the state bar’s action yesterday.
To summarise its action of taking the matter to court, Chin said, SLS is aiming to table a formula and calculation as guidance for both the federal and state governments to start setting figures for the 40% entitlement.
“It is easy to say that the federal government should give us 40%, but what is the 40% essentially?
“Without further guidance, it is not an easy figure to reach because we don’t know the component parts of what net revenue is.
“We are hoping if we succeed, then there will be a clear formula for the federal and state governments to arrive with a figure, and starting from this point decide if they want to increase or decrease the figure, but the starting point (of establishing the formula) must be there,” he said.
Meanwhile, lawyer David Fung explained at the conference that the society’s objective is to ensure that the rule of law is upheld, and the preservation of the federal constitution is observed.
“SLS is an independent body that is above politics, and we have come up with remedies that are comprehensive and complete to solve this problem; our remedies are (planned) in such a way that really tackles hands-on the various matters which arise from the promise of the 40% payment.
“It is very important to Sabah; 49 years of lost years is a very long time. If we don’t do it now, then when?
“We want this to go forward,” he said.
SLS filed an application for judicial review yesterday, seeking declarations for the following:
1. The federal government’s failure to hold a second review in 1974 – a breach and contravention of the federal government’s constitutional duty as stipulated under Article 112D, Clauses (1), (3) and (4) of the federal constitution.
2. The entitlement owed by the federal government to the state for every year between 1974 and 2021 – a breach of the fundamental rights as enshrined under Article 13 of the federal constitution.
SLS also sought an order of mandamus (an order to compel the performance of a legal duty imposed by law) directed to the respondent (the federal government) to hold another review with the state government, to give effect to the payment of the 40% entitlement for each consecutive financial year from 1974 to 2021 within 30 days, and to reach a decision within 90 days from the date of the order, and that the respondent pays the entitlement to the state government or as constitutional damages for breach of Article 13 of the federal constitution, or both.
On June 3, 12 Sabah Pakatan Harapan elected representatives filed an originating summons over the 40% entitlement, naming the state and federal governments as respondents. – The Vibes, June 10, 2022
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