KOTA KINABALU: The Sabah Law Society (SLS) today filed an application for a judicial review on an ongoing dispute in respect of the 40 per cent Special Grant that Sabah is entitled to under the Federal Constitution.
The application, filed by law firm Messrs J Marimuttu and Partners, named the Federal government as the respondent.
Following an announcement by the Federal government on April 14 on an agreement reached between the Federal and Sabah state governments, SLS is seeking a declaration, among others, that the Federal government’s failure to hold a second review in 1974 with the state government was a breach and contravention of its constitutional duty stipulated under Article 112D, Clauses (1), (3) and (4) of the Federal Constitution.
It applied that the 40 per cent entitlement remained due and payable by the Federal government to the state government for each consecutive financial year for the period from 1974 to 2021, in which a failure to pay the entitlement was a breach of the fundamental right to property of the Sabah government and ultimately, of the people of Sabah as enshrined under Article 13 of the Federal Constitution.
SLS also sought an order of mandamus directed to the respondent to hold another review with the state government under the provisions of Article 112D of the Federal Constitution, to give effect to the payment of the 40 percent entitlement for each consecutive financial year from 1974 to 2021 within 30 days, and to reach a decision within 90 days from the date of the order, and that the respondent pays the entitlement to the state government or as constitutional damages for breach of Article 13 of the Federal Constitution, or both.
SLS’ grounds for orders and reliefs sought was that the part of the decision contained or implied in the Federal Gazette dated April 20 of the review of the special grant that failed to provide for each consecutive year from 1974 to 2021 was ultra vires the Federal Constitution, in breach of natural justice, tainted with procedural impropriety, irrational and unreasonable, and beyond all reasonable proportionality.
The new special grant for Sabah had been increased 4.7 fold from RM26.7 million to RM125.6 million for 2022, according to a joint statement by Prime Minister Datuk Seri Ismail Sabri Yaakob and Sabah Chief Minister Datuk Seri Hajiji Noor on April 14, which was published in the Federal Gazette on April 20.
The statement also said the Federal and Sabah governments would continue negotiations on the 40 per cent revenue claim by Sabah. — Bernama
