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Pledge on ‘misguided statement’
Published on: Monday, May 20, 2024
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Pledge on ‘misguided statement’
Nor Asiah (left) was apparently referring to the controversy arising from counsel Tengku Datuk Fuad Ahmad’s (right) remarks, who said he was representing the State when he intervened in a surprise move at the last minute in the Federal Government’s appeal against the leave granted to the Sabah Law Society (SLS) regarding the State’s constitutional right to the special 40pc grant. 
Kota Kinabalu: State Attorney-General Datuk Nor Asiah binti Mohd Yusof assured the people of Sabah of its unwavering pursuit of all rights due to the State under the Malaysia Agreement (MA63) and the Federal Constitution.

This would include taking the necessary measures to correct any misguided statement that deviates from the State’s clear and formal position on the 40pc Net Revenue special grant as enshrined in Article 112C and 112D of the Federal Constitution.

“Irrespective of the outcome in the Court of Appeal, Sabah maintains its official demand that the Federal Government meet its legal and constitutional obligations concerning the special grant. 

“This financial entitlement, rooted in the pre-formation negotiations of Malaysia and enshrined in the Federal Constitution, is a non-negotiable right of Sabah,” she said, in a statement.

“This includes seeking compensation for the ‘lost years’ from 1974 to the present when no review of the special grant took place,” Nor Asiah said.

She was apparently referring to the controversy arising from counsel Tengku Datuk Fuad Ahmad’s remarks, who said he was representing the State when he intervened in a surprise move at the last minute in the Federal Government’s appeal against the leave granted to the Sabah Law Society (SLS) regarding the State’s constitutional right to the special 40pc grant. 

Fuad also referred to SLS as being a busybody, that Sabah only had an aspirational right rather than mandatory right and that there was no provision for making any payments to Sabah during the 48 “lost years” from 1974 when there was supposed to have been a second review and 2021.

SLS filed the action in 2022 and the federal government began making interim payments subsequently pending a settlement under a new formula that had yet to be agreed upon.

The absence of the State AG on such an important case and leaving the matter to Fuad to handle also drew criticism with some quarters demanding her resignation.

Nevertheless, Nor Asiah reiterated the Chambers steadfast dedication to safeguard Sabah’s constitutional rights on the matter and that it has been actively participating in all discussions related to this matter together with Sabah’s Ministry of Finance and the Federal Government.

“Our stance is fully in line with the Chief Minister of Sabah’s recent statement affirming the State’s determination to uphold its constitutional rights and will persist in the fight for all Sabah’s right as outlined in MA63.

The State Attorney-General’s Chambers has been instrumental in these negotiations, ensuring that Sabah’s legal and constitutional claims are effectively represented. 

“Our consistent efforts are focused on ensuring that the Federal Government adheres to the revenue-sharing formula outlined in the Federal Constitution. 

On the legal proceedings initiated by the Sabah Law Society (SLS) she said they respect their right to seek judicial review on this matter as public interest litigation is vital for upholding the rule of law and ensuring fair justice. 

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