Mon, 20 May 2024

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What’s at stake in the 40pc court battle
Published on: Sunday, May 05, 2024
By: Datuk Roger Chin
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The Sabah Law Society’s (SLS) court action against the federal government of Malaysia and the Sabah state government has been re-confirmed for hearing this month, on the 16 May 2024. 

It will be heard by three judges of the Court of Appeal at the Kota Kinabalu Court Complex. The scheduled time is 9am. To recap. It was previously fixed for hearing eight months ago but was postponed to 16 May 2024. 

The hearing is the Federal Attorney-General’s appeal against the High Court decision given in November 2022 that SLS is permitted to apply for remedies under its judicial review against the federal and state governments. 

The Federal Attorney-General says that SLS should not be permitted to apply. 

SLS says it can and should be allowed to apply. 

The sun rises on 16 May 2024, casting a long shadow over Sabah.

It’s a day etched with the weight of history, a day where the echoes of unfulfilled promises will reverberate within the walls of the Kota Kinabalu Court Complex. 

SLS, armed with the unwavering spirit of the people, stands poised to confront the federal government in a landmark court battle.

This isn’t just a legal dispute; it’s a fight for the very soul of Sabah.

For nearly five decades, the 40pc constitutional entitlement – a solemn pledge etched into the bedrock of the Malaysian Federation – has remained a mirage. 

Imagine the schools that could have been built, the lives transformed, the communities empowered with the resources that are rightfully theirs.

These are not mere numbers on a spreadsheet; they represent the potential of generations.

“The Lost Years,” as they are sombrely called, stand as a stark reminder of promises and dreams that have been deferred. 

Children have grown up without the basic necessities – clean water, a stable power supply – that their counterparts in other parts of Malaysia take for granted.

The upcoming court battle transcends legalities. It’s a battle for the future, a demand for a comprehensive accounting of “The Lost Years.” 

The meticulous calculation of the outstanding 40pc entitlement isn’t just about the past; it’s about unlocking the doors to a brighter tomorrow.

This pursuit transcends vengeance; it embodies the pursuit for justice by the people of Sabah. 

It seeks the recognition of their birthright, a long-awaited affirmation. It stands as a testament to the unwavering spirit of the SLS and a beacon of hope for a future where the promises of the past are finally addressed.

The court hearing on 16 May isn’t just a legal proceeding; it’s a turning point in Sabah’s history. 

It’s a chance to rewrite a narrative of neglect, to reclaim promised dreams, and finally build a future worthy of the sacrifices made by generations past.

The people of Sabah deserve a future where their voices are heard, their rights are respected and their land’s potential is unleashed. 

This court battle is more than a legal fight; it’s a fight about their future.

- The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express.

- If you have something to share, write to us at: [email protected]



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