PUTRAJAYA: The Court of Appeal has granted the Sabah Law Society (SLS) leave to commence judicial review proceedings in its attempt to enforce the 40% special grant Sabah is entitled to under the Federal Constitution.
Delivering the unanimous decision, Justice Ravinthran Paramaguru said that the court was not persuaded by the federal government’s contention that issues relating to the special grant were non-justiciable and that courts were precluded from hearing the case.
SLS is seeking to quash a 2022 gazette which states that the federal government will make grant payments to Sabah totalling RM527.2 million covering the years 2022 to 2026.
They also want to compel the federal government to hold another review under Article 112D of the Federal Constitution to properly “reflect” Sabah’s 40% entitlement.
SLS had argued that a review was carried out for the period 1969 to 1973, but not since then. As a result, they say Sabahans have lost the benefit of the special grant for 47 years.
The federal government had contended that the value of the grant should be determined by both federal and state, taking into account the fiscal and financial positions.
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