Public to get live access to Sabah 40pc revenue appeal at Kota Kinabalu court

Both Sabah and Sarawak have asserted their claims to a larger revenue entitlement. — Picture by Yusof Mat Isa

By Julia Chan

First Published: Tuesday, 29 Sep 2026 2:53 PM MYT

KOTA KINABALU, Sept 29 — Up to 250 members of the public will be able to follow the Court of Appeal hearing on Sabah’s constitutional 40 per cent revenue entitlement next month through a live audiovisual transmission at the Kota Kinabalu Court Complex.

The arrangement will allow members of the public to watch the proceedings from the court’s conference hall while the appeal is heard inside the courtroom on Oct 29.

The proceedings will not be broadcast online to the wider public, but the arrangement will allow members of the public to follow the hearing in real time from within the court premises.

The Court of Appeal is scheduled to hear the federal government’s appeal against the High Court’s October 17, 2025 decision in the judicial review brought by the Sabah Law Society (SLS).

Former SLS president Datuk Roger Chin, who is now a nominated assemblyman, said the public access arrangement provided an opportunity for Sabahans to witness the proceedings concerning what he described as a significant constitutional issue.

“This is not an online broadcast of the proceedings to the wider world, but something more immediate and meaningful for the people of Sabah — an opportunity to attend the Court Complex, sit within the premises of the Court and follow the hearing in real time,” he said in a statement today.

The appeal concerns, among other matters, the High Court’s findings and orders relating to Sabah’s constitutional entitlement for the period from 1974 to 2021.

The High Court had ruled that the Federal Government had failed to properly conduct the periodic review of Sabah’s special grant under Articles 112C and 112D of the Federal Constitution.

It ordered the federal and Sabah governments to conduct a review of the entitlement for each financial year from 1974 to 2021 and to reach an agreement on the matter.

The federal government subsequently appealed, and the Court of Appeal in April granted a stay of execution of the High Court’s order pending disposal of the appeal. The stay preserved the position pending the appeal and did not determine the substantive constitutional questions.

Under Articles 112C and 112D of the Federal Constitution, Sabah is entitled to a special grant calculated according to a constitutional formula and subject to periodic review.

The SLS has maintained that the failure to conduct the required reviews between 1974 and 2021 was unlawful, while the federal government’s position is that the fixed grant under the earlier review order remained legally effective until it was superseded by a new order in 2022.

The competing positions will now be considered by the Court of Appeal.

Chin said the public viewing arrangement would provide wider access to a hearing which previously could only accommodate a limited number of people inside the courtroom.

He said the initiative should be viewed as an opportunity for the public to understand the legal arguments rather than as an attempt to influence the court.

“The purpose of attending is not to prejudge the appeal, exert pressure upon the Court or influence its decision, but to allow an informed, peaceful and engaged people to bear witness to a constitutional question that belongs to all Sabahans,” he said.

The appeal is scheduled to begin at 9am on Thursday, October 29, at the Kota Kinabalu Court Complex.

Members of the public attending the viewing will be subject to the capacity of the conference hall, security requirements and directions issued by the court and court administration.

Chin encouraged those intending to attend to arrive early to allow sufficient time for security procedures.

“History should not be watched from afar. On Oct 29, let Sabah be present — and let Sabah be seen to care,” he said.