Kota Kinabalu: The Court of Appeal’s decision on Monday to grant a stay on the High Court order over Sabah’s Special Grant review does not affect the High Court’s findings, said Sabah Law Society (SLS) president Datuk Mohamed Nazim Maduarin.
He said the stay serves to preserve the status quo pending disposal of the appeal.
He said the order does not displace the High Court’s findings, including its determination that there had been a failure to conduct the periodic review required under Article 112D of the Federal Constitution.
Nazim said the decision is procedural in nature, with the substantive constitutional issues on the interpretation and implementation of Article 112D to be determined in the appeal.
He said the appellate court allowed the stay under Section 44 of the Courts of Judicature Act 1964, noting jurisdiction, special circumstances, timeline constraints, the scale of the review from 1974 to 2021, and the need to avoid rendering the appeal nugatory while steps are taken to expedite the hearing.