SANDAKAN – The Sabah Law Society (SLS) is all geared up to face the federal government in the Court of Appeal to defend the state’s long-standing claim to its 40% constitutional entitlement.
The case, which will come up for hearing on May 16 at the Court of Appeal in Kota Kinabalu, is on the Attorney-General’s Chambers’ appeal against a high court decision allowing SLS leave for a judicial review concerning a special grant of 40% for Sabah.
SLS immediate past president Datuk Roger Chin said the case held immense significance for Sabah.
SLS is determined to secure recognition and fulfilment of the 40% entitlement enshrined in Articles 112C and 112D of the Federal Constitution, alongside Section 2 of Part IV of the Tenth Schedule, he added.
The entitlement is two-fifths (40%) of net revenue that Malaysia has derived from Sabah exceeding the amount collected in 1963, the year Malaysia was formed.
“This 40% growth revenue grant, a key element of the Malaysia Agreement, was specifically promised to the people of Sabah to accelerate their state’s development.
“It envisioned a future with readily available clean water for every household and reliable power supply across all regions, facilitating crucial infrastructure projects,” Chin said in a statement today.
The appeal, which will be heard by a panel of three judges, stemmed from the federal attorney-general’s challenge to a November 2022 high court decision granting SLS the right to pursue judicial review against both Putrajaya and the Sabah government.
Meanwhile, Chin said while the federal and Sabah governments had acknowledged their obligation by conducting two reviews on Article 112D in 2022 and 2023 to determine the entitlement for 2022-2026/2027, a critical gap remained.
The second mandatory review, originally due by 1974, was only undertaken in 2022, leaving 48 years unaccounted for – a period referred to as “The Lost Years” by many Sabahans.
SLS said its judicial review was in public interest with the objective of compelling the federal and Sabah governments to conduct a comprehensive review of Article 112D for “The Lost Years,” and to obtain a definitive court declaration that the 40% entitlement should be interpreted and delivered faithfully in the spirit of the Federal Constitution.
“This upcoming court battle marks a pivotal moment in the fight for Sabah’s rightful constitutional entitlement.
“The outcome will significantly impact the future development of the state and its people, potentially paving the way for long-overdue progress and a brighter future for Sabah,” Chin added. – May 2, 2024