Kota Kinabalu: A question by Tuaran Member of Parliament Datuk Seri Wilfred Madius Tangau on whether the Federal Government acknowledged Article 112C Part IV in the Tenth
Schedule of the Federal Constitution as a constitutional right for Sabah was deemed inappropriate in view of the ongoing court case.
Madius said Minister in the Prime Minister’s Department (Legal and Institutional Reforms), Dato’ Sri Azalina Othman Said, in her written answer, said the question should not be discussed because it does not comply with “Peraturan Mesyuarat 23(1)(g) Peraturan-Peraturan Majlis Mesyuarat Dewan Rakyat.”
“This is because the question is likely to prejudice a case under trial. It is also a matter still under judicial consideration (sub judice),” said Madius in a statement, Tuesday, quoting Azlina’s written reply.
For the record, Article 112C concerns Sabah’s constitutional right to receive 40 per cent of the total federal revenue collected from the State.
On June 18, the Court of Appeal here dismissed the Attorney-General’s (A-G) appeal against the leave granted for the Sabah Law Society’s (SLS) judicial review.
Thus, SLS can now proceed with its judicial review in the case concerning the State’s entitlement to 40 per cent of federal revenue earned from the State.
On Nov 11, 2022, the High Court here granted leave to the SLS to seek a judicial review over the matter.
However, the Federal AG appealed against the decision and also obtained a stay on proceedings in the High Court.
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