Kota Kinabalu: Parti Warisan’s legal advisor Chin Tek Ming said the Federal Government still retains legal avenues to appeal the Kota Kinabalu High Court’s landmark decision affirming Sabah’s 40 per cent revenue entitlement.
He said under Rule 12 of the Rules of the Court of Appeal 1994, a notice of appeal must be filed within 30 days from the date of judgment, which means the Federal Attorney General has until Nov 16 to file the appeal.
“Even if the Federal Attorney General fails to file the notice within the one-month period, Rule 16 allows an application for leave to appeal out of time,” he said in a statement, Thursday.
He said this means the Federal Government could still legally manoeuvre the appeal process after the expiry of the prescribed time limit.
“Sabahans should not celebrate prematurely if the Federal Government announces that it will not appeal the High Court’s decision,” Chin said.
He emphasised that unless the Government immediately implements the constitutional entitlement, any declaration of non-appeal should be treated with caution.
Chin also raised concerns over possible political motives, saying “during this crucial period leading up to the State Election, in which Pakatan Harapan is contesting the Federal Government may strategically announce that it will not appeal to gain political mileage.
He said after the election, nothing prevents filing for leave to appeal out of time.
He urged the Federal Government to demonstrate sincerity by implementing Sabah’s constitutional entitlement without delay.
“If the Federal Government is truly committed to honouring Sabah’s rights under the Federal Constitution and the Malaysia Agreement 1963 (MA63), it should start implementing the 40pc entitlement now, before the State Election,” Chin said.
He concluded that Sabah has waited long enough for what is rightfully owed and called all Sabahans to support Parti Warisan, the party that dares to fight for Sabah’s rights and entitlements.
