KOTA KINABALU: The Sabah Law Society (SLS) will be filing an application for judicial review on the Federal Government's gazetting of the special annual grant of RM125.6mil for the state for 2022-2026.
SLS president Roger Chin said that they would be challenging the April 14 federal and state government announcements and the subsequent gazette publications of the grants on the basis that it was ultra vires to the Constitution.
Chin said that the April 20 gazette publication was based on an order under Article 112D of the Federal Constitution.
However, when the grant was announced by the federal and state governments, it was clearly stated that the agreement was done without prejudice.
But, the federal government gazette order under Article 112D made no mention of the condition "without prejudice."
"SLS is of the view that both the announcements made by the federal government on April 14, and the Order published in Federal Gazette on April 20 purportedly under Article 112D are inherently inconsistent," he said.
As such, Chin claimed that the announcement of the Order and the gazette publication were a breach of the requirements of the federal government’s grants to Sabah which should be based on the 40% revenue derived from the state.
Pointing out various provisions stipulated under the Constitution, he said that there was a specific formula for the calculation of the 40% special grant.
"It is imperative that both the formula and the application of that formula must be determined once and for all. There have been so many different and sometimes conflicting interpretations of the formula.
"With this in mind, the SLS action and after nearly 60 years, will seek the court’s assistance as to what really is the 40%," he added.
He said special grants were among constitutional provisions under Chapter 2 of Part VII of the Constitution that are provided under the Malaysia Agreement in favour of Sabah and Sarawak.
Accordingly, he said these were very tangible guarantees and rights enshrined in the Federal Constitution and must be honoured.
"It should not be disregarded or trampled on," Chin said.
Following the announcement of the special grants earlier this year, Chief Minister Datuk Seri Hajiji Noor said that the state government would continue to pursue 40% entitlement.
Earlier Friday (June 3), 12 Sabah Pakatan Harapan lawmakers had also filed a claim in the High Court to seek Sabah’s rights to its entitlement for the return of 40% federal revenue from the state.
