Kota Kinabalu: The High Court here will deliver its decision on Jan 22, 2027, on Kapayan Assemblyman Chin Tek Ming’s application for leave to proceed with a judicial review challenging the Sabah State Legislative Assembly Speaker’s rejection of his private motion on Sabah’s 40 per cent constitutional entitlement to Federal revenue.
Judge Datuk Celestina Stuel Galid fixed the date after hearing submissions and arguments from both parties.
Chin filed the judicial review application at the High Court of Sabah and Sarawak, here, on Aug 2 this year and personally served the application on the Speaker, Datuk Seri Kadzim M Yahya.
Chin said the legal action was not a personal challenge against the Speaker, nor an attempt to undermine the office or interfere with the proceedings of the State Legislative Assembly.
He said the court was being asked to determine whether the decision to reject his motion was made in accordance with the law, the Assembly’s Standing Orders and the principles of natural justice.
Chin said he was not asking the court to determine Sabah’s 40 per cent constitutional entitlement or compel the Speaker to accept his private motion.
Instead, he said, the court was only being asked to examine whether the decision was made lawfully, fairly and rationally.
He also 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.
According to Chin, the motion was rejected on April 29. He subsequently wrote to the Speaker on May 19 seeking clarification, including the application of Standing Order 43(2), but had yet to receive a reply.
In an earlier report, Chin said he had turned to the courts only after exhausting all reasonable avenues to obtain an explanation.
He added 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 were made.
Chin was represented by counsel Jul Hamri, while Shahlan Jufri and Datuk Rizwandean M Borhan appeared for the Speaker.
