Sabah’s 40% revenue rights: Sabah govt intervenes in Federal Govt appeal

KOTA KINABALU: Sabah government threw a surprise when it intervened in the Federal Attorney General's appeal against the High Court decision to grant Sabah Law Society leave to challenge the 40% Special Interim Grant provisions.

Justices Datuk Ravinthran N. Paramaguru, Datuk Mohd Nazlan Mohd Ghazali, and Datuk Dr Choo Kah Sing allowed the state's application at the hearing of the appeal at the Court of Appeal sitting at the Kota Kinabalu Court Complex Thursday . Fuad argued that the review of the Special Grant under Article 112D is mandatory but was not absolute.

He said that there was supposed to be a mandatory review in 1974 but there was none and that the consequences of that breach are justiciable and for the court to decide on. Fung, however, rebutted Fuad's contention on SLS' position, saying the Sabah government had no issue on locus standi when leave was applied in the High Court previously.

"The duty here is Article 112C which is public in the highest level federal to the state government.The federal Attorney-General argued that the 40% Special Grant provisions under Article 112c and 112D are not open to court challenge because they concern financial and political considerations that are non-justiciable.The Court of Appeal will decide on whether SLS will proceed with its judicial review on the state's 40% revenue rights until May 24 for case management.

Source: Law Daily Report (lawdailyreport.net)

High Court Decision Sabah Law Society Sabah Government Locus Standi Special Grant Provision Lost Years Federal Government

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