KOTA KINABALU: The Sabah Government Teachers’ Union (KGKS) acknowledges that the Kota Kinabalu High Court has granted permission (leave) to initiate judicial review proceedings concerning the Regional Housing Allowance (EPW) affecting teachers in Sabah.
KGKS President Murkam Hj Hussien stated that this decision marks a significant development in the legal process, as it allows the administrative and legal issues raised by the applicants to be heard substantively by the Court.
At the same time, he noted that the granting of leave is not a final decision on the merits of the case.
“Core issues will still be determined by the Court in subsequent proceedings,” he said in a statement today.
This issue arose when some teachers who had been receiving EPW for an extended period, after going through the approval and official payment process, were later informed that they were no longer eligible for the allowance.
Among the contentious points is the interpretation of the eligibility criteria related to the 25-kilometer distance, including questions about whether the measurement method used in the administration’s implementation aligns with the applicable circulars, guidelines, and service regulations.
In addition to the cessation of payments, the issue of refund claims for allowances previously received also has financial implications for the affected teachers.
The judicial review proceedings will raise legal questions regarding:
First, whether there exists a legitimate expectation for officials who have continuously received the allowance following official approval.
Second, whether the new interpretation and implementation align with the legitimate authority under the applicable circulars and service regulations.
Third, whether the process of halting payments and refund claims has been conducted in accordance with the principles of procedural fairness, including the right of officials to receive clear notifications, opportunities to respond, and fair consideration.
He stated that all these issues will be determined by the Court based on the documents, facts, and legal arguments presented by the parties in the subsequent proceedings.
Murkam stressed that KGKS fully respects the judicial process and will continue to utilize legitimate, prudent, and orderly legal channels.
“KGKS believes that this issue not only concerns the financial interests of individual teachers but also touches on broader principles in public administration, including transparency, policy certainty, procedural fairness, and consistent enforcement of regulations,” he said.
He noted that KGKS is also aware of the financial impact experienced by the affected teachers, especially when allowances that have been received over a long period are subsequently halted and reclaimed.
In this regard, Murkam urged all parties to respect the ongoing court process.
“At the same time, KGKS hopes that the relevant parties can thoroughly review this issue, including the administrative and financial impacts on the involved officials,” he said.
