Appeal against suit over non-payment of Sabah grant fixed for May 16

 

The federal government has gone to the Court of Appeal to set aside a High Court decision allowing the Sabah Law Society leave to seek judicial review in relation to a 40% special grant for Sabah.

PETALING JAYA: The Court of Appeal has fixed May 16, next year, to hear the attorney-general (AG)’s appeal against a High Court decision allowing the Sabah Law Society (SLS) leave to seek judicial review in relation to a 40% special grant for Sabah.

The SLS, which filed the action last year, said it had objected to a rescheduled date after yesterday’s hearing was vacated.

“SLS had objected to the adjournment and had filed a certificate of urgency to show that the case is of considerable public interest and should have been heard yesterday or as soon as possible,” SLS president Roger Chin said in a text message.

He said the court responded that four days from Nov 7 are possible hearing dates.

“However, the AG informed the court that the federal counsel in charge of the case was not available on those dates,” he said.

He said May 16 had been fixed for a hearing, as that was the only date available.

Chin said SLS is continuing to press for a judicial review and will keep the public informed of any new developments.

On Nov 11, last year, the High Court granted SLS’s application on the grounds that it had locus standi to file for a judicial review as this was a public interest case. The AG is appealing that decision.

In allowing SLS to file for judicial review, Justice Ismail Brahim also ruled that SLS’s case was a justiciable matter.

SLS contends that Putrajaya has breached its constitutional duty to pay the 40% entitlement to Sabah for the “lost years” between 1974 and 2021.

SLS had filed the leave application in June last year following an April 14 announcement by the federal and state governments of a special five-year annual grant of RM126 million to Sabah.

The Sabah government subsequently applied to the court and was allowed to intervene as a respondent in the action.

SLS claimed that the federal government was obliged to pay Sabah 40% of federal revenue derived from the state in each of the intervening years since 1974.

It also alleged that the federal government had breached the Federal Constitution by failing to conduct a review every five years starting from 1974. - FMT