Sabah Law Society president Roger Chin.
KOTA KINABALU: The Court of Appeal will hear the Federal Government's appeal against a Kota Kinabalu High Court decision to grant Sabah lawyers leave for judicial review on Putrajaya's constitutional duty to pay 40% to the state on May 16, 2024.
Sabah Law Society (SLS) president Roger Chin said the appeal filed by the Attorney General's Chambers (AGC), scheduled to be heard on Thursday (Sept 14), had been adjourned.
He said SLS had objected to the adjournment and subsequently put in a Certificate of Urgency before the court to request that the case of considerable public interest be heard on Sept 14 itself or an earlier date.
"The Court of Appeal responded by informing that a slot from Nov 7 to 10 could be arranged but AGC said its counsel involved could not make it," he said.
The next available date for a physical hearing was on May 16, 2024.
Chin said the society would continue to pursue the judicial review and would keep the public informed of any new developments.
SLS, through its lawyers Dr David Fung and Jeyan Marimuthu, filed the leave application in June 2022 after the Federal and state governments announced a special five-year annual grant of RM125.6mil for Sabah in April last year.
The Sabah government had since supported the society's action and applied to become a second respondent. The state was represented by counsel Tengku Datuk Fuad Ahmad.
The AGC was represented by Suzana Atan.
The crux of the issue was whether the Federal Government had failed to hold the second review of Sabah's 40% Special Grant in 1974 in accordance with Articles 112C and 112D of the Constitution and if there was a Constitutional breach.
In July, the AGC filed an application to set aside the Nov 11, 2022, Kota Kinabalu High Court decision allowing the society leave to seek judicial review on the special grant for Sabah.
