The Court of Appeal in Kota Kinabalu has rescheduled the hearing date for the Federal Government’s appeal against the Kota Kinabalu High Court’s decision to grant Sabah lawyers permission to conduct a judicial review on Putrajaya’s constitutional obligation to provide 40% funding to the state. Originally scheduled for September 14, the appeal will now take place sometime in November, according to the Sabah Law Society (SLS).
SLS president Roger Chin revealed that they were notified about the postponement last week, but a new date has not been determined. The reason behind the rescheduling remains unclear, but Chin speculated that it may be due to the court being overwhelmed with other cases. Although disappointed, the SLS is obliged to comply with the court’s orders.
“Obviously, we are not pleased with this development as it is of utmost importance to the people of the state, and we have been anticipating it for 50 years,” stated Chin when contacted.
Last year in June, the SLS, represented by lawyers Dr David Fung and Jeyan Marimuthu, filed an application for permission to conduct a judicial review after the federal and state governments announced a special five-year annual grant of RM125.6 million for Sabah in April. The Sabah government has been supportive of the SLS’s initiative and applied to become a second respondent, with counsel Tengku Datuk Fuad Ahmad representing the state. Suzana Atan represented the Attorney General’s Chambers (AGC).
The central issue revolves around whether the Federal Government failed to conduct the second review of Sabah’s 40% Special Grant in 1974, in accordance with Articles 112C and 112D of the Constitution, and if such failure constituted a breach of the Constitution.
In July, the Attorney General’s Chambers filed an application to overturn the Kota Kinabalu High Court’s decision on November 11, 2022, which granted the SLS permission to pursue a judicial review of the 40% special grant for Sabah.
Credit: The Star : News Feed
