Upko Supports Federal Court Decision on Sabah’s 40% Constitutional Entitlement

Upko Stands in Approval

• Upko, a component of Pakatan Harapan, expresses approval of Federal Court’s decision
• Decision favours Sabah Law Society (SLS) in pursuit of review of Sabah’s 40% constitutional entitlement
  

  Federal Court’s Dismissal of AG’s Application
  

• Federal Court dismisses Federal Attorney General’s (AG) leave application to appeal
• High Court can proceed with hearing SLS’ judicial review application
  

  Importance of the Decision
  

• Decision concerns Sabah’s entitlement, especially ‘lost years’ from 1973 to 2021
• Positive development for public interest litigation concerning constitutional matters to be determined by the court
  

  Upko’s Stance
  

• Upko respects SLS’s right to pursue the matter through legal channels
• Believes it is important for Sabah’s 40% constitutional entitlements to be resolved legitimately
  

  Federal Court’s Ruling
  

• SLS has the locus standi to seek judicial review regarding state’s entitlement to 40% of grant revenue
• High Court can hear the judicial review
• Federal AG’s application for leave to appeal against SLS’ judicial review application denied
  

  Next Steps
  

• Case management scheduled for Oct 30
• Directions for the next steps will be issued
  

  Legal Action by Sabah Pakatan
  

• In 2022, Sabah Pakatan initiated legal action against federal government via originating summons
• Claiming Sabah’s 40% constitutional right
• Withdrawn suit in September last year due to positive progress on claims under Malaysia Agreement (MA63)

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  In a significant development, the Federal Court’s decision regarding Sabah’s 40% constitutional entitlement has been met with approval by Upko, a component of Pakatan Harapan. The decision favours the Sabah Law Society (SLS) in its pursuit of a review of Sabah’s long-standing entitlement.

  The Federal Court’s dismissal of the Federal Attorney General’s leave application to appeal allows the High Court to proceed with hearing SLS’ judicial review application. This decision is crucial as it concerns Sabah’s entitlement, particularly focusing on the ‘lost years’ from 1973 to 2021 when no review was conducted.

  Upko emphasizes the importance of resolving Sabah’s 40% constitutional entitlements through legitimate means, whether through Parliament, the Cabinet, or the court of law. The decision should be seen as a positive development for public interest litigation concerning constitutional matters to be determined by the court.

  The Federal Court’s ruling granting SLS the right to seek judicial review regarding the state’s entitlement to 40% of grant revenue marks a significant step forward. The denial of the federal AG’s application for leave to appeal against SLS’ judicial review application paves the way for the case to proceed to the next phase, where the merits of the case will be evaluated by the Kota Kinabalu High Court.

  With case management scheduled for Oct 30, where directions for the next steps will be issued, the legal process is set to move forward. Additionally, the initiation of legal action by Sabah Pakatan in 2022 to claim Sabah’s 40% constitutional right showcases the ongoing efforts to address this issue.

  The withdrawal of the suit by Sabah Pakatan representatives last year, citing positive progress on the claims under the Malaysia Agreement (MA63), highlights the complex nature of these legal proceedings. As the case continues to unfold, it is essential for stakeholders to remain vigilant and engaged in the pursuit of justice and fair representation for Sabah’s constitutional entitlements.