The Sarawak state government has found fault with two landmark High Court judgments that upheld native rights towards their customary land – and says it will appeal.
Borneo Post report on 4 Feb 2010
In both cases – Agi Ak Bungkong & Others v Ladang Sawit Bintulu Sdn Bhd and Mohd Rambli Kawi v Superintendent of Lands & Surveys Kuching Division and Another – Justice Datuk David Wong had ruled on 21 January that the respective communities had proven that they have native customary rights over the disputed land. He awarded them damages and costs.
The Sarawak state government’s decision to appeal was not unexpected. But what raised eye-brows was the language the government used in a press statement announcing its decision.
Have a look:
Full text of the Sarawak Government’s press statement:
PRESS STATEMENT
The State Government has decided to appeal to the Court of Appeal against the Judgments of the High Court delivered last week, in the cases of Agi anak Bungkong and Others v Ladang Sawit Bintulu Sdn Bhd and 4 Others, and Mohd Rambli Kawi v Superintendent of Lands & Surveys, Kuching and Government of Sarawak. Application for stay of execution and further proceedings of the Judgments had also been made.
The Government finds that these 2 Judgments did not follow well established precedents and the customs declared by those precedents and the customs declared by those precedents and the wrong application of Article 153 (on reservation of quotas in respect of services, permits, etc. for Malays and natives of Sabah and Sarawak). The High Court has, in an earlier case held that Article 153, in its plain language, has no application to land or land rights. The State Government feels that these Judgments ought to be critically reviewed by the Appellate Courts.
The Government will continue with its mandate from the people to develop the State and implement its development plans and strategies in accordance with the provisions of the Land Code and other relevant laws in order to bring about a better future for the rural population. The Government has always recognized native customary rights based upon the written law or customs having the force of law. Its policy remains that of preventing natives being impoverished through the sale of their land or to enable others to buy vast tracts of untitled native land which could leave the natives selling such land to become totally landless.
How will the courts react to this?
A judge is expected to hear the state government’s application for a stay of execution and further proceedings on the Agi Anak Bungkong case early this week.
… Taib MAhmud & family. Btw, tanah Sarawak ni bapak kau pajak ke?
The real problem ;however, is the Sarawakians. They just got no (guts) to educate their parents n ancestors living in the long house to just kick out this (administration) out of the land of Sarawak. Until then, don’t dream lah sarawakians if you can even improve your socioeconomy.
If you see taib Mahmud, nora,… They don’t even care about us except for their stomach.
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I am a Sarawakian!
I am from Ulu Baram, call Long Lama!
I am now in my 40s
When I was young, many many years ago
I can Swim in Baram River and come out clean
Now, when my son does the same
He comes out like Milo coated boy!
I wish…
My Baram River is still running CLEAR
But the up stream has nothing left to CLEAR
I am going back for CNY
will try to preach to the Long Lama Folk!
But………
$$$$$$ still talk,
For them… I am Just talking (rubbish)!
Gong Xi Fa Cai
Shiok Guy
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It’s pretty sad that Sarawakians continued to be “sodomised” by BN Sarawak
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Dear Anil,
For your weekend reading pleasure.
TRUTH REVEALED. IGNORED BY FREE PRESS LEADER STAR, AFTER PRINTING RUBBISH (CHURNED OUT BY) ZAHARIN AS HEADLINES
http://www.theedgemalaysia.com/index.php?option=com_content&task=view&id=158906&Itemid=77
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Anil,
Several days ago I made a request – since you are the journalist – for an independent piece of the PKR – DAP rift.
You answered that there is no rift in between PKR – DAP.
Then what is the thing about Jeff Ooi’s claim, and the rebuke from several PKR MPs?
If there is no rift, what about the ongoing event?
Anil, I am on the ground, hearing from both sides, and I know that the rift is there, and it is getting hotter by the day.
If you are a journalist, as you have said you are, then … here are things that you should investigate:
* Who is behind the whole thing?
* Why?
* Why now?
* What sandiwara will gonna happen next?
I have heard many many rumors, Anil.
It will do everybody a great justice if someone like you can make out what is what, who is doing what, and why.
The rakyat deserve the right to know.
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Dear Iron
I did not say there was no rift. What I said was that I did not have enough information on the background. It’s probably an accumulation of many smaller grievances, that’s my guess.
Actually, there are a whole lot of things I should investigate!
I just wish I had the time. Unfortunately, I have to prioritise between different assignments.
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Iron,
First, you must identify the key players. Then, you need to look at details. Who is the PKR chairman for Penang? It’s more of a right between Mansor & Zahrain.
Interesting question, why Anwar isolate Zahrain? Hmmm….
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Nice try. But a strawman however nicely disguised is still a strawman.
Please stop trying to portray this as an inter-PKR feud.
Mansor is a nice guy. He is not fighting Zahrain.
And Zahrain’s beef is not against Mansor either.
It’s DAP which has started all these….
(Someone in DAP) has (allegedly) instructed the Lim Guan Eng’s administration to NOT providing anything to PKR’s MPs and state-representatives – with the exception, of course, if the PKR MPs and state-reps are EXCOs, then they are entitled to whatever a state exco is entitled, other PKR’s state reps and MPs get NOTHING !!
On the other hand, DAP’s MPs and state reps are getting all kind of resources from the state government.
You go ask Malik what is going on.
Mansor is too nice to tell you anything, but Malik will tell you what is going on – that is, if you know Malik well enough and he trusts you.
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Mr Anil, Things certainly do not look good anymore, as they are going all out to win at all costs. It is indeed sickening the level they are willing to bring themselves to. Malaysians have never seen such bad intentions played out to the such low levels. Are they such bad losers? They know defeat is coming, it is coming, and they are now going all out to create chaos through PERKASA.
The Rakyat must stay calm and resolute to vote these evils out for good. Let us hope the East Malaysians rise, and the greatest beneficiary of this rise, if there is no third force from East Malaysia is PKR. And indeed if East Malaysians rise, a new Federal Government is definitely possible. Unless there is change, these are the kind of sickening scenes we will see until the next General Election. Looking back, from day 1 of 2010 till now their actions had been non stop. Wonder how much of the Rakyat monies had been spent!
Politics in Malaysia is getting dirtier and dirtier by the day! Just how can the country move forward in this kind of environment? Is the economy not important to these people anymore? Can they not rule without Kedah, Penang, Selangor and Kelantan? Possibly Perak? Just what kind of leadership is this? Are they hell bent on taking over Selangor and Penang as reported before the Chinese New Year?
Are all these played out to divert the attention from the DSAI sodomy trial?
This kind of poor and weak leadership will certainly lead us down the ladder of irrelevance. Just what had been done to help the very sick economy? FDI is almost non existent! Will the corruption menace ever be addressed? Everything look so lost.
Just feel lost and absolutely infuriated!
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” Mr Anil, Things certainly do not look good anymore, as they are going all out to win at all costs. ”
The irony is, the above applies to both BN and DAP !
Win at all cost, including having Jeff Ooi (allegedly) spreading lies about PKR, a partner in the Pakatan Rakyat.
Win At All Cost, indeed !
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Iron,
Look at facts & figures, you would never go far. Who are spreading lies? You know Zahrain got his Datuk Seriship, you know. On what basis…?
Tee Beng’s dad I heard is …
And Tee Beng, stockbroker…….You make your conclusion.
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Who is spreading lies?…
DAP kakis are !
They are spreading lies like “garbage from BN who are presently inside PKR are making trouble“.
But of course, they themselves conveniently forgetting the very fact that Jeff Ooi also came from the Barisan Nasional !
If everyone who came from BN automatically becomes a garbage, what about Jeff Ooi?
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Folks, it looks like the DAP is the biggest culprits, it is best that PKR and DAP split. There is just no point continuing this marriage of convenience. DAP is such a dominant partner and had been “sodomizing” its partners especially PKR everytime. PKR is always a victim of sodomy. PKR must take the lead and Penangnites should from now on vote against the DAP and vote PKR only. Good luck PKR.
Folks, I think it is best we do not say a word that is not good to PKR as someone is absolutely dissatisfied and angry. Hahaha, this is democracy PKR style, if they do not get it, the shoot their mouth and throw tantrums in public forums. Just so sickening!
Anyway, I will be on my way to Mumbai and Pune tomorrow and could not care a damn what happen, they can shoot their mouth…! See you on Friday, hope DSAI is given a fair trial.
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Got more important things to do than trying to get into a listless quarrel about sodomy and being “sodomized” with someone who is so keen to carry out PKR’s agenda to break up the PR. PKR is always about sodomy and being bullied, so pitiful! Even YAB Khalid, has asked those PKR YBs to leave if they are not happy, honourable man in the name of comradeship. … Here we have someone dead on defending these … , funny is it not? A party to the ploy to break PR? Does PKR matter at this point of time? From Sodomy to all the political headlines but for all the wrong reasons! What have they done and have you seen them at your constituency? They just (appear to) want the money!
Ain’t gonna benefit if we vote for DAP or PKR as far as PAS and UMNO can form the unity Government, it will be good. Let DAP and PKR shout their throat hoarse, PAS have got no reasons to associate themselves with such political parties or they will be “sodomized” especially by PKR one day. PKR a party form of political dropouts at this point of time is not going to do the country good. Just forget it! Until the dust settles. There will be utter chaos and disorder if PKR is in Government and corruption will be worse than BN. RM2 ringgit company wanting to get the maintenace contract worth millions and when DAP says no, they are being chauvinist, communist minded. Such is the calibre of (certain) leaders we have in the pKR, love it and have it, and more of it folks. I will steer clear of PKR for now, not even when PAS organizes any event! Cukuplah! PKR is such a sham! DAP? Ada sedikit maruahlah kalau dibandingkan dengan beberapa YB PKR, yang seringkali lebih suka berdusta daripada berkhidmat! Hidup Rakyat! Rakyat didahulukan bukan rasuah atau kepada mana mana pemimpin, maupun di PR atau di BN!
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Until and unless the East Malaysians rise, all their interests will be gone before they wake up. All their lands everything will be gone! When and how can we make the East Malaysians wake up? If they do not wake up West Malaysians are going to suffer along with them too. For goodness sake, East Malaysians, masanya sudah tiba untuk menukar kerajaan!
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Just being tipped off that someone is from BN “fighting” PKR’s cause to further widen the non-existent misunderstandings in PR in Anil’s blog. The only trouble is this Tan and Zahrain guy! Ya Allah, almost got caught in this vicious and shameful trap! No more discussions with this guy so that he will not be able to get the publicity he requires. Let him spin on his own and fight on his own. Hahaha, thank you for awakening me fellow readers! When YAB Khalid, the much respected MB from Selangor, Syed Husin, the deputy chief of PKR, asked these people to go, we should have realized what “good” these people are up to! There is no problem between PKR and DAP at grassroots level at all judging by the response by the Rakyat during the last PR ceramah in Seberang Jaya, which was held at the exposition site, last Wednesday! Now, I am absolutely clear! 10,000 supporters attending the PR led ceramah cannot be wrong! Can any party for that matter in UMNO Baru or BN gather a better crowd?
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Oh yeah, whenever anyone dare to criticize DAP that guy must be from BN.
Why ain’t I surprised at that type of “reasoning“?
But then, all the DAP kakis are like that.
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