Kota Kinabalu: Kapayan Assemblyman Chin Tek Ming has filed a judicial review application challenging the Sabah State Legislative Assembly Speaker’s decision to reject his private motion on Sabah’s 40 per cent constitutional entitlement to Federal revenue.
Chin said he personally served the application on Speaker Datuk Seri Panglima Kadzim M Yahya on Friday after filing it at the High Court of Sabah and Sarawak in Kota Kinabalu.
“The legal action was not a personal challenge against the Speaker, nor an attempt to undermine the office of the Speaker or interfere with the proceedings of the State Legislative Assembly,” he told a press conference at his office, Friday.
Instead, he said, the court was being asked to determine whether the decision to reject the motion was made in accordance with the law, the Assembly’s Standing Orders and the principles of natural justice.
Chin emphasised that he was not asking the court to determine Sabah’s 40 per cent constitutional entitlement or to compel the Speaker to accept his private motion.
“The court is only being asked to determine whether the decision was made lawfully, fairly, rationally and in accordance with the law,” he said.
“The private motion, submitted on April 2, sought disclosure of the total Federal revenue collected from Sabah between 2022 and 2025, including the basis used to calculate the State’s entitlement under Article 112C and Part IV of the Tenth Schedule to the Federal Constitution,” Chin said.
Chin said the motion was rejected on April 29 and that he subsequently wrote to the Speaker on May 19 seeking clarification on the reasons for the decision, including the application of Standing Order 43(2), but had yet to receive a reply.
He said he turned to the courts only after exhausting all reasonable avenues to obtain an explanation.
He also emphasised that the matter concerned not only his rights as an Assemblyman but also the rights of all members of the House to understand how decisions affecting their legislative functions are made.
“The High Court has fixed Aug 13 for case management and to hear his application for leave to proceed with the judicial review,” he added.
He said he would respect whatever decision the court reaches and urged all parties to allow the judicial process to proceed without pressure or speculation.
Chin reaffirmed his commitment to pursuing Sabah’s constitutional rights through lawful and democratic processes.
