KOTA KINABALU: The Sabah Law Society (SLS) has stressed that the Federal and Sabah State Governments must fully and substantively comply with the High Court’s directive to conduct a constitutional review under Article 112D of the Federal Constitution concerning Sabah’s entitlement to 40 per cent of net revenue derived from the State.
In a press statement issued today, SLS President Datuk Mohamed Nazim Maduarin said the Court’s direction engages the Constitution at the highest level and carries clear legal consequences.
He emphasised that compliance with the order requires more than merely initiating a process, but demands a genuine, substantive review conducted in line with the purpose and timelines set out by the Court.
“A review under Article 112D is not satisfied by preliminary or episodic engagement,” he said, adding that the constitutional duty recognised by the judgment envisages serious, sustained and purposeful engagement between the Federal Government and the Sabah State Government.
According to the Society, such engagement must be directed towards achieving an outcome that gives practical effect to the Constitution.
Datuk Mohamed Nazim underscored that a High Court judgment is binding and that compliance is neither discretionary nor subject to political preference or convenience.
“The timelines stipulated by the Court form an integral part of the constitutional process and are inseparable from the administration of justice,” he said.
He noted that the Court has prescribed a defined timeframe for the completion of the review and that the process has now entered a stage where substantive engagement is constitutionally required.
“The Court’s direction signals a point at which history, contribution and constitutional obligation are no longer abstract, but demand legal recognition,” the statement said.
The Sabah Law Society cautioned that any approach falling short of timely and substantive engagement risks undermining both the judgment itself and the constitutional process ordered by the Court.
It further stressed that public confidence in the rule of law depends on the faithful, timely and substantive observance of court orders, particularly where important constitutional rights and the welfare of an entire state and its people are at stake.
The Society therefore called on all relevant parties to approach the Court-directed process under Article 112D with urgency, seriousness and good faith, and to carry it through in a manner that reflects its constitutional significance.-pr/BNN
