PETALING JAYA: The High Court in Kota Kinabalu has allowed the federal attorney-general’s (AG) application to stay judicial review proceedings filed by the Sabah Law Society (SLS) in relation to a 40% special grant for the state.
Justice Ismail Brahim said there were special circumstances to suspend the hearing of the case pending the AG’s appeal in the Court of Appeal.
On Nov 11, the High Court granted SLS leave to pursue the judicial review on grounds that it had locus standi to file the application as this was a public interest case.
The AG, as the guardian of public interest, could come in to object to the grant of leave, it said.
SLS president Roger Chin said they would defend the High Court’s decision in the Court of Appeal in order for the merits of the case to be heard.
“As SLS brought this judicial review as a public interest litigation, we assure the Sabah people that we will rigorously oppose the AG’s appeal in the Court of Appeal,” Chin said in a statement.
He said SLS will also request the Court of Appeal to hear the federal government’s appeal as soon as possible.
Senior federal counsel Ahmad Hanir Hambaly represented the AG while lawyer David Fung appeared for SLS.
When granting leave, Ismail had also ruled that SLS’ case, which revolved around the issue of whether Putrajaya had breached its constitutional duty to pay the 40% entitlement for the “lost years” between 1974 and 2021, was a justiciable matter.
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 RM125.6 million to Sabah.
The Sabah government subsequently applied to the court and was allowed to intervene as a respondent in the action.
In the suit, SLS alleged that the federal government, named as the respondent, had breached the constitution by failing to conduct a review every five years starting from 1974.
It also 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.
