AGC clarifies judicial appointment process is constitutionally prescribed
KUALA LUMPUR (July 8): The Attorney General's Chambers (AGC) today clarified that the timeline and process for finalising judicial appointments, particularly for key positions such as the Chief Justice and the President of the Court of Appeal, are governed by procedures set out in the Federal Constitution.
In a statement, the AGC emphasised that the process must take into account all relevant considerations, including the need for consultation and the exercise of discretionary powers within the constitutional framework.
The AGC further stated that it had been informed that the King had consented to the appointment of several judges to the High Court and Court of Appeal last month. These appointments, however, remain subject to the completion of certain formalities.
'Such appointments must be carried out in a proper and orderly manner. Allegations of delay or inaction in responding to earlier nominations must be viewed in the context of the provisions of the Federal Constitution.
'The Prime Minister cannot be regarded merely as a conduit for recommendations from any party. Rather, he bears a constitutional duty to advise the King in a manner that upholds the independence, credibility and integrity of the judiciary,' the AGC said.
MORE TO COME
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Borneo Post
10 hours ago
- Borneo Post
SST amendment bill won't give added burden to taxpayers - Masidi
Masidi KOTA KINABALU (July 8): A Bill to amend the State Sales Tax Enactment 1998 (SST) was passed by the Sabah State Legislative Assembly on Tuesday, with Finance Minister Datuk Seri Panglima Masidi Manjun assuring that the move is aimed at strengthening the State's fiscal backbone without burdening taxpayers. Masidi, when tabling the Bill, said a total of 37 amendments had been carefully drafted to improve efficiency, transparency and accountability in the collection and management of State revenue. 'These amendments are not merely technical adjustments but form part of a holistic effort to ensure our State Sales Tax law remains responsive, fair and effective in today's increasingly complex economic environment,' he told the House. He stressed that the amendments are designed not only to boost Sabah's revenue collection but also to ensure that every taxation process is clear and firmly governed by law. 'As I explained earlier, we have not neglected taxpayers' rights. On the contrary, we are providing mechanisms for fair resolution through appeal channels, instalment payments and agreed composite assessments,' he said. Masidi added that the approach reflected the State Government's commitment to strengthening Sabah's fiscal foundation, closing loopholes, and protecting taxpayers' rights. 'We do not want a tax system that burdens the people. We want a system that is clear, easy to understand and transparent,' he said, adding that with the passing of the Bill, Sabah would be better positioned to manage its revenue while maintaining the trust and cooperation of taxpayers. Masidi pointed out that the SST is an additional source of income allocated to Sabah and Sarawak under Part V of the Tenth Schedule of the Federal Constitution. 'For this, the State Government gazetted the State Sales Tax Enactment 1998 and the State Sales Tax Regulations 1999. The last amendment was in 2018, which at the time covered only three items, Crude Palm Oil (CPO), Lottery Tickets and Slot Machines,' he said. Since then, six more items have been added to the tax net from 2020 to 2025, Petroleum Products, Fishery Commodities, Scrap Iron Waste, Silica Sand, Palm Oil Biomass, and Gold and Silver mined in Sabah. 'This brings the total to nine taxable products. To date, 386 companies hold SST licences, and collections since 1999 up to 30 June this year amount to RM32.26 billion,' he said. Masidi revealed that when the SST was first collected in 1999, it contributed only RM89 million or seven percent of the State's revenue. However, by 2024, SST revenue had surged more than 3,000 percent to RM3.03 billion, accounting for 44.5 percent of Sabah's total income, with an average collection of RM250 million a month. 'This clearly shows that tax revenue is now a major source of funding to ensure the State's fiscal sustainability and economic growth,' he said, while recording the government's appreciation to taxpayers for their contributions towards Sabah's development. Masidi assured that despite the extensive changes, no new taxes were being introduced. 'I want to make it clear — this amendment does not create new taxes. What we are doing is removing grey areas. In fact, this clarity benefits not only the tax collector but also the taxpayer,' he stressed. Moyog assemblyman Datuk Darell Leiking, however, expressed concern that adjustments to upstream pricing could be passed on by operators and manufacturers to end consumers, indirectly burdening the people. Responding, Masidi explained that the main thrust of the amendments is certainty and transparency. 'With this, businesses can plan better because they know exactly what must be paid and what does not need to be paid. Companies that comply will be more competitive, and we have done comparative studies with other jurisdictions to ensure our system aligns with global standards,' he said. Addressing concerns raised by Kapayan assemblywoman Datuk Jannie Lasimbang on whether the changes might restrict court powers, Masidi assured that judicial review rights remain protected. 'I do not believe it can ever be removed. Judicial review is fundamental and cannot be excluded from any law. That is why, for the first time, we are also establishing a Tax Appeal Tribunal for those dissatisfied with any assessment. 'This will provide an additional avenue for taxpayers to appeal, while giving certainty to both tax authorities and taxpayers on what must be paid and how to pay it,' he said. Meanwhile, Masidi reiterated to Bugaya assemblyman Jamil Hamzah that there was no overlap between the State Sales Tax and the Federal Government's SST, as both are governed by separate constitutional powers. 'For the State, our sales tax covers specific activities and products only. The rest remains under federal jurisdiction. What we should really focus on is ensuring that Sabah secures its 40 percent share of revenue collected from the State,' he said. Masidi also clarified to Darell that businesses would need to file separate returns for the Federal SST and the State Sales Tax as they are two different taxes governed by two separate authorities. He assured the House that the longer six-year timeframe under the amendments would give both taxpayers and the State ample room to resolve any issues properly. 'We must look ahead. This law must be robust enough to address challenges, not just now but for the future. If there are still points that require further explanation, my ministry welcomes more discussions, even special sessions if needed,' he said. The amendments to the SST Bill were: Clause 1 contains the short title and the commencement of the proposed Enactment. Clause 3 seeks to amend Section 2 by inserting new definitions, deleting certain definitions, and replacing the definition of 'sale.' The amendment to the definition of 'sale' has been restructured and expanded to clarify that, among other things, the act of transferring taxable goods out of Sabah, removing them from Sabah, or taking them out of Sabah falls under the definition of 'sale' whether or not the transaction takes place within or outside Sabah. Clause 4 seeks to amend Section 8 to empower the Minister to amend or revoke any exemption under subsection (1). Clause 5 seeks to amend Section 10 to make it an offence for any person to conduct business selling or supplying taxable goods without a license or to conduct business at a place or premises not specified in the license. Clause 6 seeks to amend Section 11 by providing a time frame for a taxable person who has ceased business to surrender their license, and by providing that the Director must give reasonable notice to the taxable person before revoking their license. Clause 7 seeks to insert a new Section 12A which explains the issuance of invoices by computer. Clause 8 seeks to amend Section 13 to improve the existing provision regarding the obligation to keep records. Clause 9 seeks to amend Section 14 to empower the Director to require, by written notice, any taxable person to submit a complete or additional return within a reasonable time. Clause 10 seeks to insert a new Section 14A which gives the Director power to allow State sales tax or penalties that have become due and payable to be paid by instalments. Clause 11 seeks to amend Section 15 by including negligence as one of the exceptions allowing the Director to make an assessment at any time. Clause 12 seeks to insert new Sections 15A and 15B. Section 15A gives the Director the power to issue a composite assessment notice following a written agreement with a taxable person who failed to submit a return, submitted an incorrect return, or provided any incorrect information affecting State sales tax liability. Section 15B clarifies that an error or technical defect in an assessment, notice, or other document shall not invalidate it, as long as the assessment and document comply with the requirements of the Enactment. Clause 13 seeks to amend Section 16 to determine the time of sale for taxable goods supplied within the State but subsequently removed or delivered outside the State. Clause 14 seeks to amend Section 17 to allow a surcharge to be claimed as a civil debt to the State Government and to limit judicial review of appeals related to excessive or incorrectly assessed tax, penalties, or surcharges. Clause 16 seeks to amend Section 19 to extend liability to the directors of a company, partners of a firm, or members of an association who held their respective positions when the liability arose. Clause 17 seeks to amend Section 21 by inserting a new category of individuals from whom the Director may collect State sales tax or penalties that have become due and payable. Clause 18 seeks to replace Section 22 to improve its content and to provide the Director with an extended period from three years to six years to claim repayment for any refund made in error. Clause 21 seeks to replace Section 26 by expanding the scope of inspection to any building or place as well as any books, documents, records, or items. Clause 22 seeks to insert a new Section 26A to empower the Director or any authorised State sales tax officer to investigate the commission of any offence under the Enactment. Clause 23 seeks to insert a new Section 29A to enable any authorised State sales tax officer to be given access to any recorded information or computer data, whether stored in a computer or otherwise. Clause 25 seeks to amend Section 31 to make it an offence for anyone to refuse or fail to grant access to any recorded information or computer data, and for anyone to impersonate the Director, State Sales Tax Officers, or an authorised State sales tax officer. Clause 26 seeks to amend Section 32 to empower the Director to impose a penalty equal to the amount of State sales tax that has been or will be undercharged due to an incorrect return or information, if no prosecution is initiated. Clause 27 seeks to amend Section 33 by providing civil remedies for the Director to impose a penalty equal to the amount of State sales tax collected by an unauthorised person, where no prosecution has been initiated. Clause 32 seeks to insert a new Part IXA relating to the power to protect revenue in certain transactions. This new Part contains new Sections 50A to 50C. These new sections provide the definition of 'transaction', the power to disregard certain transactions, and the power to substitute prices, disregard structures, and impose surcharges. Clause 33 seeks to replace Section 54 to improve the provision relating to the service of notices. Clause 34 seeks to insert a new Section 54A to empower the Director to order substituted service if satisfied that service of the notice or document cannot be affected as stated under Section 54. Clause 36 seeks to amend Section 58 by allowing any person aggrieved by a decision of the Director to appeal to the State Sales Tax Appeal Board in the prescribed manner. Clause 38 seeks to amend Section 61 regarding the Minister's power to make rules relating to the State Sales Tax Appeal Board.
Borneo Post
10 hours ago
- Borneo Post
Sabah passes landmark Climate Change and Carbon Governance Enactment 2025
Abidin KOTA KINABALU (July 8): The Sabah State Legislative Assembly on Tuesday passed the Sabah Climate Change and Carbon Governance Enactment 2025, marking a major milestone in the state's efforts to address climate change and regulate carbon-related activities. Assistant Minister to the Chief Minister, Datuk Abidin Madingkir, who presented the Bill, said Sabah is already experiencing the serious impacts of climate change, including rising temperatures, erratic weather, floods and droughts. 'These are no longer predictions of the future — they are unfolding before our very eyes,' said Abidin. In response to this reality, the Sabah Government has established the Sabah Climate Action Council (SCAC), which will serve as the state's top policy advisory body on climate issues. The new law reinforces SCAC's role and introduces a two-tier governance structure: the SCAC will function as the policy-making body, while a director will oversee carbon-related activities and greenhouse gas (GHG) emissions. All carbon rights are vested in the State Government, positioning the SCAC as the central authority for all carbon matters. 'This ensures that the benefits and revenues from carbon interests are returned to the people and the state,' said Abidin. The legislation adopts a top-down governance model, integrating climate priorities across all ministries and departments and aligning with national and international frameworks. Carbon assets will be leveraged to support economic growth while protecting employment and the welfare of vulnerable communities. Abidin emphasized that environmental matters fall under the residual powers of the state as per Article 77 of the Federal Constitution. He further noted that land, forests and water are under the State List (List II), providing legal justification for the enactment. The Bill also emphasizes protecting the rights and involvement of indigenous communities, particularly in carbon activities conducted on native customary land. Any such proposals must involve direct consultation and offer appropriate benefits to the affected communities. Beyond carbon activities, the Enactment mandates GHG emissions reporting by entities named under the law. This data is crucial for informed climate policy and planning, and it strengthens Sabah's reputation in climate governance. Abidin revealed that in 2024, Sabah completed its first Greenhouse Gas Inventory, showing that the state is a net carbon sink — absorbing more carbon than it emits. Sabah is estimated to contribute 36% of Malaysia's total carbon absorption, a status that offers strategic economic advantages amid the global push for carbon neutrality. 'This rare and valuable position must be safeguarded. If we become complacent, we risk losing this status and the associated benefits,' he warned. He also highlighted the state's climate vulnerabilities, including more frequent floods and coastal erosion, and stressed the need for urgent and strategic action. The Enactment includes 11 key parts: 1. Part I – Preliminary provisions including title and commencement; 2. Part II – Establishment of the SCAC as the highest state climate governance body; 3. Part III – Creation of the Sabah Climate Registry and Inventory Centre to manage data and carbon rights; 4. Part IV – Establishment of the Sabah Climate Fund for climate projects and administrative support; 5. Part V – Procedures for community consultation and benefit-sharing for carbon projects on customary land; 6. Part VI – Requirements and regulations for recognising and registering carbon activities; 7. Part VII – Regulations on carbon credits, levies and royalties; 8. Part VIII – Mandatory GHG emissions reporting and preparation of the state carbon budget; 9. Part IX – Enforcement provisions; 10. Part X – General provisions.
New Straits Times
13 hours ago
- New Straits Times
Sabah collects RM32.26 billion in state sales tax since 1999
KOTA KINABALU: Sabah has collected RM32.26 billion in state sales tax (SST) from 1999 until June 30 this year, said State Finance Minister Datuk Seri Masidi Manjun. He said that the SST is an additional source of revenue for Sabah and Sarawak, as provided under Part V of the Tenth Schedule of the Federal Constitution. Masidi said the last amendment to this Enactment was made in 2018, covering only crude palm oil (CPO), lottery tickets, and slot machines. Since then, six more items, which are petroleum products, fishery commodities, scrap iron, silica sand, oil palm biomass, gold and silver, were added between 2020 and 2025. In 1999, SST collection amounted to RM89 million, or only seven per cent of the state's total revenue. However, by 2024, SST revenue had surged by over 3,000 per cent, contributing around RM3.03 billion, or 44.5 per cent of Sabah's total state revenue and with average monthly collections of around RM250 million. Masidi was speaking while tabling the amendment for State Sales Tax Enactment 1998 at the state legislative assembly sitting here. "This demonstrates that SST is not only a significant source of revenue but also a primary mechanism for sustaining Sabah's fiscal health and economic development. "The State Government extends its appreciation to all SST taxpayers for their contributions toward driving the state's economy and development for the benefit of the people," he said, adding as of now there are 386 licensed SST holders. Given the importance and substantial contribution of SST to the state's revenue, Masidi said there is a need to improve and amend the SST legislative framework. The proposed amendments aim to ensure the law remains relevant and responsive to current developments, including changes in the economic landscape and industry structure. The amendments also take into account the need to ease compliance and promote fairness for taxpayers, by reducing financial burdens and providing dispute resolution mechanisms when necessary. The amendment was passed.
