KOTA KINABALU: Sabah leaders from both sides of the political divide were among hundreds of people at the Kota Kinabalu Court Complex here awaiting the outcome of a crucial court hearing that may compel Putrajaya to carry out its constitutional obligation of paying 40% revenue entitlement to the state.

Former chief ministers Tan Sri Joseph Pairin Kitingan, Datuk Seri Mohd Shafie Apdal and Datuk Seri Yong Teck Lee as well as former Dewan Rakyat speaker Tan Sri Pandikar Amin Mulia and former deputy chief minister Datuk Seri Wilfred Madius Tangau were among those seen arriving before the case was to be heard by the Court of Appeal beginning at 9am on Thursday (May 16).

Also in the crowd were activists, indigenous and state rights groups who came to wait in anticipation of the appeal by the Federal Attorney General on a judicial review initiated by the Sabah Law Society (SLS).

There was a significant security presence to keep the peace and respond in the event of any incident.

Only five reporters were allowed in the courtroom.

Davy Jeffrey of the NGO Borneo Indigenous People of Sabah and Sarawak said they had high hopes the judicial review would proceed. 

“We are giving our full moral support to the SLS to defend the Malaysia Agreement 1963,” he said.

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 the 40% to the state.

The Attorney General's Chambers (AGC) then filed an application to set aside the Nov 11, 2022 Kota Kinabalu High Court decision allowing the SLS leave to seek judicial review on the 40% special grant for Sabah.

The AGC had also obtained a stay order to stop the Kota Kinabalu High Court from hearing the merits of the case pending the appeal.

The hearing was supposed to be held on Sept 14 but was subsequently adjourned by the Court of Appeal.

It then set the May 16 date after the SLS objected to the adjournment and put in a Certificate of Urgency before the court to show that the case was of considerable public interest and should be heard.

SLS immediate past president Datuk Roger Chin had previously said the case marked a pivotal moment in the fight for the state’s rightful constitutional entitlement.

The outcome would significantly impact the future development of the state and its people, Chin said, adding that it could pave the way for long-overdue progress and a brighter future for Sabah.

https://www.thestar.com.my/news/nation/2024/05/16/40-revenue-rights-hundreds-turn-up-to-show-support-on-day-of-crucial-hearing