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Sabah's 40% revenue claim: High Court decision Oct 3
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KOTA KINABALU (Aug 12): A High Court here fixed October 3 to deliver its verdict of a judicial review brought by Sabah Law Society (SLS) to get declaration on 40 percent net revenue grant for Sabah which allegedly had not been reviewed for 48 years since 1974.
The decision date was set through virtual hearing via Zoom on Tuesday.
On July 7, a full hearing for the substantive judicial review was heard before Justice Datuk Celestina Steul Galid.
Three years ago, SLS was granted a leave to commence their judicial review by a High Court here which was on November 11, 2022.
The federal government had appealed against the High Court's decision on May 16, 2024 which was dismissed on June 18, 2024, with no order as to costs.
SLS had named the government of the federation of Malaysia and the state government of Sabah as the first and second respondents respectively in their judicial review.
It sought from court a declaration that the failure of the first respondent to hold the second review in 1974 with the second respondent is a breach and contravention of its constitutional duty stipulated under Article 112D, Clauses (1), (3) and (4) of the Federal Constitution.
SLS also sought from court a declaration that 40 percent entitlement remains due and payable by the first respondent to the second respondent for each consecutive financial year for the period from the year 1974 to 2021.
Apart from that, SLS further sought from court a declaration that the failure to pay the 40 percent entitlement by the first respondent to the second respondent for each consecutive financial year for the period from 1974 to 2021 is a breach of the fundamental right to property of the second respondent and ultimately of the people of Sabah as enshrined under Article 13 of the Federal Constitution.
Further, they sought an order of mandamus directed to the first respondent to hold another review with the second respondent under the provisions of Article 112D of the Federal Constitution to give effect to payment of the 40 percent entitlement under Article 112C read with subsection (1) of Section 2 of Part IV of the Tenth Schedule of the Federal Constitution for each consecutive financial year for the period from 1974 to 2021 within 30 days and to reach a decision within 90 days from the date of this order.
Lastly, SLS is also seeking an order that the first respondent pays the entitlement as determined under paragraph 3 (a) above to the second respondent or as constitutional damages for breach of Article 13 of the Federal Constitution or both.
For this Zoom hearing, counsel Jeyan Marimuttu represented SLS, Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi and Sabah State Attorney General Datuk Brenndon Keith Soh acted for the federal and state governments respectively.
SLS Immediate Past President Datuk Roger Chin emphasized the historic significance of the case, stating: 'This judicial review addresses Sabah's constitutional rights under the Malaysia Agreement 1963 (MA63) and the Federal Constitution. It has attracted substantial public interest as it concerns long-standing issues of revenue entitlement and fiscal autonomy for Sabah.'
He invited the public, civil society organizations, and media to attend the open-court proceedings, noting they 'reflect the principles of transparency and public accountability.'
