KOTA KINABALU: Delaying the High Court‑directed review of Sabah’s entitlement to 40% of net federal revenue derived from the state will undermine the judicial decision as well as the Constitutional process itself, the Sabah Law Society (SLS) says.
SLS president Datuk Mohamed Nazim Maduarin said that the Oct 17 High Court order under Article 112D of the Federal Constitution carries binding legal consequences and must be implemented with urgency and good faith.
"Compliance with the order requires more than the formal initiation of a process. It requires a genuine and substantive review, conducted in accordance with the purpose and timelines articulated by the court," he said in a statement on Wednesday (Jan 14).
He said the judgment is not discretionary nor subject to political convenience.
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"The timelines prescribed by the High Court form an integral part of the Constitutional process and are inseparable from the administration of justice," he added.
The SLS emphasised that "preliminary or episodic" engagement would not satisfy the Constitutional duty recognised by the judgment.
Instead, he said, the review must involve "serious, sustained, and purposeful engagement between the Federal and Sabah governments" to achieve an outcome that gives practical effect to the Constitution.
“Any approach falling short of timely and substantive engagement would risk eroding public confidence in the rule of law.
"Public confidence in the rule of law depends on the faithful, timely and substantive observance of court orders, particularly where important constitutional rights and the welfare of an entire state and its people are concerned," Nazim added.
The SLS urged both the Federal and state governments to discharge their constitutional obligation fully and effectively, noting that the court's order has moved the issue beyond abstract debate into a matter demanding legal recognition and compliance.
"The review process must now be approached with the urgency, seriousness and good faith envisaged by the judgment, warning that delay would undermine not only the High Court’s ruling but also the Constitutional framework itself," he said.
On Oct 17, Kota Kinabalu High Court judge Justice Datuk Celestina Stuel Galid ruled that the Federal Government breached the fundamental rights of the state government of Sabah and its people by failing to honour the 40% net revenue entitlement.
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Her findings meant that the 40% entitlement remains due and payable by the Federation to Sabah for each consecutive financial year for the period from 1974 to 2021. She ordered both governments to review and work out the amounts in 90 days.
The application for a judicial review of the state's revenue rights was filed by SLS.
Earlier Wednesday, nominated assemblyman Datuk Roger Chin, who initiated the legal action when he was SLS president, said that there was no significant update on the review even though they were reaching the 90-day or halfway mark (on Thursday, Jan 15) from the date of the ruling.
There seems to be no apparent or tangible progress, he said.
