KOTA KINABALU: The Court of Appeal here today fixed June 18 for a decision on an appeal against leave granted in the judicial review of the state's entitlement to 40 per cent of revenue.
Sabah Law Society (SLS) immediate past president Datuk Roger Chin said the date was fixed by the court via Zoom hearing today.
He said SLS will issue a statement later.
On May 16, the court reserved its ruling on the Federal Attorney General's appeal and set today for case management.
On Nov 11, 2022, the High Court here granted leave to the SLS to seek a judicial review of the federal government's duty to pay Sabah the special grant amounting to 40 per cent of revenue derived from the state.
The federal AG appealed against the decision and also obtained a stay on proceedings in the High Court.
Meanwhile, Sabah state AG Datuk Nor Asiah Mohd Yusof in a statement disclosed that State Attorney General's Chambers has taken over the full conduct and care of the matter.
She said the court was informed that Messrs. F.T Ahmad & Co has ceased to act for the Sabah government.
After having scrutinised and reviewed this matter and the proceedings that have taken place, Nor Asiah said that the Court of Appeal was informed of several subsequent positions.
First, as the state government did not appeal against the decision of the High Court dated Nov 11, 2022, the state government accepts the outcome as granted namely, that leave be granted for the matter to be ventilated on the merits at the substantive hearing of the judicial review application.
Second, the state government retracts all submissions made in the Court of Appeal on the issue of "locus standi" of the SLS as this was not advanced nor submitted in the High Court by the state government.
Third, the state government retracts the submission made in the Court of Appeal referring to Articles 112C and 112D of the Federal Constitution as being "an aspiration" and not a mandatory or absolute right of the State of Sabah.
Nor Asiah, together with the Special Legal Advisor to the Chief Minister Datuk Brenndon Keith Soh; Sabah state counsels Devina Teo and Roland Alik appeared for the Sabah government.
"I assure the public that the State Attorney General's Chambers is fully committed and will continue to remain steadfast for the people of Sabah to uphold the state's constitutional rights as outlined in the Malaysia Agreement 1963 (MA63) and the Federal Constitution," she said.
Earlier, more than 50 people gathered at the court compound to show their solidarity towards SLS' effort despite knowing the proceeding were being conducted via Zoom hearing.
Among those present was Prem Kitingan who stressed that the issue raised awareness and said Sabahans should unite and fight for their rights back as stipulated in the MA63.
"I hope matters related to MA63 can be resolved immediately," he said.
