What the Sabah Law Society is seeking
Published on: Friday, May 17, 2024
THE SLS, which filed the judicial review following an announcement by the Federal Government on April 14, 2022 on an agreement reached between the Federal and State governments, is seeking a declaration, among others, that the Federal Government’s failure to hold a second review in 1974 with the State Government was a breach and contravention of its constitutional duty stipulated under Article 112D, Clauses (1), (3) and (4) of the Federal Constitution.
It said the 40 per cent entitlement remained due and payable by the Federal Government to the State Government for each consecutive financial year for the period of 1974 to 2021, in which a failure to pay the entitlement was a breach of the fundamental right to property of the Sabah government and ultimately, of the people of Sabah as enshrined under Article 13 of the Federal Constitution.
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SLS also sought an order of mandamus directed to the respondent to hold another review with the State Government under the provisions of Article 112D of the Federal Constitution, to give effect to the payment of the 40 per cent entitlement for each consecutive financial year from 1974 to 2021 within 30days, 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.
Together with SFC Ahmad were SFC Shamsul Bolhassan, Federal Counsel (FC) Krishna Priya Veenagopal @ Venugopal and FC Fazriel Fardiansyah Abdul Kadir.
Also representing SLS were counsel Jeyan Marimuttu and Janice Junie Lim, while with Fuad was counsel Wilson Chang Khai Sim.
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