SANDAKAN – Putrajaya will be challenging the Court of Appeal’s decision to strike out the federal Attorney-General’s Chambers’ (AGC) bid against Sabah Law Society’s (SLS) judicial review on Sabah’s 40% revenue entitlement.
In an email sighted by Scoop, senior federal counsel Fardiansyah Abdul Kadir informed the appellate court that he has been instructed to apply for leave to appeal.
“I have been instructed to apply for leave to appeal to the Federal Court.
“We are within the time frame to appeal, which ends on July 7, 2024, and we will file the motion to the Federal Court soon,” he said in the email sent this morning.
In the same email thread, Sabah Law Society’s counsel Vanessa Maria Marimuthu argued that the stay granted on February 2, 2023, was until the disposal of the first respondent’s (federal government) appeal to the appellate court.
“As the appeal to the Court of Appeal has now been disposed of, the judicial review application should be heard expeditiously without any further delay. Moreover, this is a public interest litigation,” she said.
However, Fardiansyah said the federal AGC reserved the right to apply for leave to the Federal Court.
On June 18, the Court of Appeal upheld the high court’s position in granting leave to the SLS to proceed with the substantive hearing of its judicial review regarding the 40% special grant provided under the Federal Constitution.
This would mean that SLS’ judicial review proceedings will commence.
This allows the Sabah legal body to fight to secure recognition and fulfilment of the 40% entitlement enshrined in Articles 112C and 112D of the Federal Constitution, alongside Section 2 of Part IV of the 10th Schedule.
When asked about the possibility of the federal AGC applying for leave to appeal the Court of Appeal’s decision to the Federal Court, SLS’s former president Datuk Roger Chin briefly replied: “No sincerity to resolve whatsoever”.
He pointed out that this shows that the federal government was not sincere in returning Sabah’s rights under the Federal Constitution and the Malaysia Agreement 1963, particularly concerning Sabah’s 40% revenue entitlement.
Scoop has contacted Attorney-General Datuk Ahmad Terrirudin Mohd Salleh.
Meanwhile, Sabah Deputy Chief Minister Datuk Seri Jeffrey Kitingan sounded frustrated with the development but told Scoop that he would respond soon.
Tuaran MP Datuk Seri Wilfred Madius Tangau said he is reserving his comment for when Dewan Rakyat reconvenes, adding that Upko leaders are expected to issue statements on the matter. – June 21, 2024