Kota Kinabalu: The Court of Appeal’s decision to grant a stay of the High Court’s order on Sabah’s 40 per cent entitlement is disappointing as it removes the binding timeline that had compelled progress after years of delay, said nominated assemblyman Datuk Roger Chin (
pic), who is also former Sabah Law Society (SLS) president.
Chin said the appellate court granted the stay on grounds including jurisdiction under Section 44 of the Courts of Judicature Act and special circumstances such as the scale and complexity of the exercise, potential financial implications, and concerns over the High Court order’s reflection of constitutional mechanisms.
He stressed that Sabah’s entitlement is not in dispute as it is provided for under the Constitution and acknowledged by the Federal Government, but the longstanding issue has been whether the right will be honoured in practice.
Chin said the High Court’s decision had imposed structure by requiring the constitutional review to be conducted within a defined period, adding that the stay removes this framework and risks prolonging delays under the pretext of complexity.
He said while the stay does not halt the review process or negate the constitutional obligation, it removes urgency and places progress back on negotiation and political will, stressing that continued delays would raise questions over the commitment to implement Sabah’s entitlement.
