Nor Asiah Mohd Yusof
KOTA KINABALU (May 24): The Court of Appeal has set June 18 for a decision on a judicial review for Sabah’s 40 per cent revenue entitlement appeal.
Sabah Attorney-General Datuk Nor Asiah Mohd Yusof said the Court of Appeal held case management today for the Malaysian Attorney-General’s appeal against the decision of the High Court to grant leave to the Sabah Law Society (SLS) to proceed with the substantive hearing of their judicial review application in respect of the state’s 40 per cent special grant entitlement.
“I had appeared for the Sabah government together with Datuk Brenndon Keith Soh, the special legal advisor to the Chief Minister, as well as Devina Teo and Roland Alik, state counsels of the state government.
“The Court of Appeal was informed that Messrs FT Ahmad & Co has ceased to act for the state government of Sabah and that the Sabah Attorney-General’s Chambers has taken over the full conduct and care of the matter,” she said in a statement.
Nor Asiah said after having scrutinised and reviewed this matter and the proceedings that have taken place, the Court of Appeal was informed of these subsequent positions:
- As the state government did not appeal against the decision of the High Court dated 11th of November 2022, the state government accepts the outcome as granted namely, that leave be granted for the matter to be ventilated on the merits at the substantive hearing of the judicial review application;
- In addition, the state government retracts all submissions made in the Court of Appeal on the issue of “locus standi” of the Sabah Law Society as this was not advanced nor submitted on in the High Court by the state government; and
- The state government retracts the submission made in the Court of Appeal referring to Articles 112C and 112D of the Federal Constitution as being “an aspiration” and not a mandatory or absolute right of the State of Sabah.
Nor Asiah said that the Court of Appeal recorded these positions and has fixed the ruling of this matter on June 18 this year.
“I assure the public that the Sabah Attorney-General’s Chambers is fully committed and will continue to remain steadfast for the people of Sabah to uphold the state of Sabah’s constitutional rights as outlined in the Malaysia Agreement 1963 and the Federal Constitution,” she added.