By Voon Lee Shan President Parti Bumi Kenyalang
KOTA. KINABALU: Federal government can file Notice of Appeal to the judgment by the High Court to the Court of Appeal Malaysia and it has until 15/11/2025 to do it, that is, within thirty days from judgment made by the high court.
It is likely federal government will not appeal now because of the impact it would cause to the GRS and federal governments
in this 17th SABAH State Elections but may choose to get leave to appeal after elections are over.
Given the fact that this is an important case that concerns the life or survival of the federation, leave for extension of time will likely be granted by the court to allow the federal government or Attorney General Chambers to appeal after SABAH elections are over.
What if the federal government chooses not to appeal?
If the federal government chooses not to appeal and not to pay, can Sabah Govenment file for recovery of the sum owed?
Legal technicalities may arise. The suit was filed by SLS, not by Sabah Govenment.
Federal may argue only SLS can go for recovery of sums owed but can SLS get it? I doubt because likely the court will not allow it. The argument will be that SLS is not the government but you can only get the declaration or judgment by Court that Sabah is entitled to the 40% under the federal constitution. That’s all.
Can you enforce the judgment by Writ of Seizure and Sale?
It is doubtful court will allow you to seize and sell assets that belongs to the government to satisfy the sums owed to Sabah.
To do so will paralyse the functions of the government.
Government can collapse because once assets like government buildings in Putrajaya being seized for sale under court order to satisfy the judgment sum, how and where govenment servants have to work?
The sums owed to Sabah could runs into tens of trillions of ringgit.
Federal government controlled by Malaya, may amend the federal constitution to deprive or reduce Sabah 40% entitlement.
Federal government may seek to negotiate and tell Sabah Govenment not to pursue or support SLS in this claim.
Had not Sabah Govenment engaged a lawyer to oppose the Suit when filed by SLS? Had not the lawyer said Sabah said the 40% was an inspiration only?
