Mohamed Nazim Maduarin (left) and Roger Chin
KOTA KINABALU: Sabah Law Society (SLS) President Datuk Mohamed Nazim Maduarin emphasised that today’s ruling is strictly procedural and does not erase the High Court’s earlier findings regarding the Federal Government’s failure to conduct periodic reviews under Article 112D of the Federal Constitution.
“The Society emphasises that this decision is procedural in nature. The substantive constitutional issues, including the interpretation and proper implementation of Article 112D of the Federal Constitution, remain to be determined in the appeal,” said its President Datuk Mohamed Nazim Maduarin
“The effect of the order is to preserve the position pending the disposal of the appeal. It does not displace the findings of the High Court.”
He said SLS would continue to participate in the proceedings to ensure the law is upheld and the record before the Court is respected.
While the legal community views the decision through a procedural lens, political and civil voices have expressed concern that the removal of a binding timeline will allow the issue to “drift” once again.
Nominated Assemblyman Datuk Roger Chin described the decision as “deeply disappointing,” arguing that the High Court’s timeline was the only factor that had finally forced movement on a matter that has seen decades of inaction.
“The stay removes that structure. What has been lost is not the right itself, but the urgency to honour it,” he said.
“Complexity is not new. These are the same conditions that have existed for decades. If they are accepted as justification for slowing down now, complexity will cease to be an explanation and become a permanent excuse.”
Chin pointed out that despite the stay, there is no legal impediment preventing the Federal Government from continuing the review process voluntarily, especially for current financial years. He noted that only four meetings have taken place so far regarding a constitutional obligation that has remained unresolved for half a century.
“A constitutional right that is acknowledged but not implemented is, in practical terms, no right at all. If the Federal Government is sincere in saying that more time is required, then this moment should not result in a slowing of effort. Negotiations must continue, and they must intensify rather than pause pending the appeal,” said the former SLS President.
The Federal Government has indicated it will take steps to expedite the hearing of the substantive appeal. Until then, the constitutional duty to conduct the review remains active, even if the court-enforced deadlines are temporarily suspended. For the people of Sabah, the focus now shifts back to the negotiating table, where the “political will” of the Federal Government remains the ultimate test of sincerity.
