KOTA KINABALU – The Sabah government has never supported the federal Attorney-General’s Chambers’ appeal against the high court’s decision to grant leave for the Sabah Law Society’s (SLS) judicial review on Sabah’s 40% revenue entitlement, said the chief minister’s legal adviser.
In a statement today, Datuk Brenndon Keith Soh said the state government had confirmed in court its position that the 40% revenue entitlement issue should be fully explored on its merits.
“It is important to record that prior to the delivery of the decision, the state government of Sabah (represented by the State Attorney-General Datuk Nor Asiah Mohd Yusof and myself) was requested to and did orally confirm its stand, namely that this significant constitutional issue ought to be fully ventilated on the merits at the substantive hearing of SLS’ application in the high court.
“In addition, we had further confirmed that we had withdrawn the earlier submissions made on May 16, 2024,” he said.
Earlier today, the Court of Appeal upheld the position of the high court in granting leave to the SLS to proceed with the substantive hearing of its judicial review regarding the 40% special grant provided under the Federal Constitution.
The judges unanimously dismissed the appeal by the AGC, having disagreed with the federal body’s arguments that the SLS had no “locus standi” or that the matter was non-justiciable.
Soh commended the Court of Appeal’s decision today, saying that moving forward, the Sabah government would be heard as a party to the high court proceedings.
“As stated by the Court of Appeal, this is a matter of high constitutional importance, and it is thus appropriate to be judicially interpreted and determined as a matter of public interest,” he said.
In the meantime, he said, negotiations between the Sabah government and Putrajaya on the 40% net revenue special grant would continue, as agreed upon under the interim arrangement between the two parties. – June 18, 2024