The Court of Appeal held a case management today for the Attorney General of Malaysia’s appeal against the decision of the High Court to grant leave to the Sabah Law Society to proceed with the substantive hearing of their judicial review application in respect of the 40% Special Grant Entitlement of the State of Sabah.
I had appeared for the State Government of Sabah together with Datuk Brenndon Keith Soh, the Special Legal Advisor to the Chief Minister, Devina Teo and Roland Alik, State Counsels of the State Government.
The Court of Appeal was informed that Messrs. F.T Ahmad & Co has ceased to act for the State Government of Sabah and that the State Attorney General’s Chambers has taken over the full conduct and care of the matter.
Having scrutinised and reviewed this matter and the proceedings that have taken place, the Court of Appeal was informed of these subsequent positions:
i. 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;
ii. 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
iii. 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.
The Court of Appeal recorded these positions and has fixed the ruling of this matter on 18th of June 2024.
I assure the public that the State 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.
DATUK NOR ASIAH BINTI MOHD YUSOF
State Attorney General of Sabah
