KOTA KINABALU: August 1, 2026 – A Sabah state assemblyman has filed a judicial review application at the High Court of Sabah and Sarawak challenging the Speaker’s decision to reject his private motion concerning the implementation of Sabah’s constitutional right to 40% of federal revenue.
Kapayan assemblyman Chin Tek Ming said the application was not intended to question the Speaker’s authority or interfere with state assembly proceedings, but rather to obtain a court ruling on whether the decision was made in accordance with the law, the Standing Orders of the Sabah State Legislative Assembly and principles of natural justice.
“I am not asking the court to determine the amount of Sabah’s 40% entitlement, nor am I asking the court to automatically direct the Speaker to accept my private motion,” he told a press conference on Thursday.
“What I am seeking is for the court to determine whether the decision was made lawfully, fairly, rationally and in accordance with the law,” he said.
According to Chin, the private motion filed on 2 April sought disclosure of the total federal revenue collected from Sabah for the period 2022 to 2025, including the basis for calculating Sabah’s entitlement under Article 112C and Part IV of the Tenth Schedule of the Federal Constitution.
He said he was informed that the motion had been rejected on 29 April.
Following that decision, he said he wrote to the Speaker on 19 May seeking clarification on which part of the motion was alleged to contravene Standing Order 43(2), the legal basis used and the reasons for the decision.
“However, to this day I have not received any response to that letter,” he said.
“Therefore, after exhausting all reasonable channels to seek clarification, I have decided to seek a court determination through lawful legal channels,” he added.
Chin said the action not only concerned his interests as an assemblyman but also involved the rights of all assembly members to know how decisions on motions are made and how the Standing Orders are interpreted and applied.
He argued that if the rationale for a decision could not be understood or explained despite an official request being made, that situation could potentially create uncertainty for assembly members in carrying out their legislative functions.
He said the judicial review should not be interpreted as an attempt to create conflict between the judiciary and the legislature, as both institutions had their respective roles as provided for in the Constitution.
Chin said he would respect whatever decision the court might make and hoped all parties would allow the judicial process to proceed without pressure or speculation.
He also stressed that the struggle to secure Sabah’s rights would continue through legally valid channels, while emphasising that the application was solely aimed at determining whether the decision to reject his private motion was made in accordance with the law, Standing Orders and principles of natural justice.
