Home Democracy Human rights Sarawak govt criticises High Court judgments

Sarawak govt criticises High Court judgments

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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?

READ MORE:  Emergency rule would take us a step closer to fascism

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.

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O
O
8 Feb 2010 9.07pm

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… Read more »

Iron
Iron
9 Feb 2010 7.16am
Reply to  O

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. 🙂

O
O
8 Feb 2010 2.20am

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!

O
O
7 Feb 2010 11.45pm

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,… Read more »

Iron
Iron
8 Feb 2010 8.59am
Reply to  O

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 !

looes74
looes74
8 Feb 2010 12.29pm
Reply to  Iron

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.

Iron
Iron
9 Feb 2010 7.21am
Reply to  looes74

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?

O
O
8 Feb 2010 2.14pm
Reply to  Iron

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… Read more »

O
O
8 Feb 2010 2.33pm
Reply to  O

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… Read more »

Iron
Iron
7 Feb 2010 8.15pm

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,… Read more »

looes74
looes74
8 Feb 2010 12.09pm
Reply to  Iron

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….

Iron
Iron
8 Feb 2010 5.18pm
Reply to  looes74

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… Read more »

O
O
7 Feb 2010 11.53am

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

looes74
looes74
6 Feb 2010 11.58pm

It’s pretty sad that Sarawakians continued to be “sodomised” by BN Sarawak

ShiokGuy
6 Feb 2010 11.52pm

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

Against Taib
6 Feb 2010 11.47pm

… 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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