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Kota Kinabalu: Legal Advisor to the Chief Minister of Sabah, Datuk Brendon Keith Soh, commends the Court of Appeal’s (COA) decision Tuesday in upholding the position of the High Court in granting leave to the Sabah Law Society (SLS) to proceed with the substantive hearing of their judicial review in respect of the 40 per cent special grant provided under the Federal Constitution. 

Brendon noted the court had disagreed with the Federal Attorney-General Chambers (FAGC) arguments that the SLS had no “locus standi” or that the matter was non-justiciable. 

“Prior to the decision, the State Government represented by the State Attorney-General 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. 

“We had further confirmed that we had withdrawn the earlier submissions made on May 16, 2024. Therefore, we did not support the FAGC’s appeal against the High Court decision to grant leave to the SLS. 

“Moving forward, the State Government will be heard as a party to the proceedings in the High Court. As stated by the COA, 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.

Separately, negotiations are expected to continue between the State and Federal Governments on the 40 percent net revenue special grant under Article112C and 112D of the Federal Constitution as agreed pursuant to the interim arrangement between the respective governments.