
By HU Editor
In a press statement released on February 3, the Sarawak State Government announced that it is appealing against the 2 High Court decisions delivered last week, in the legal actions 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 the State Government of Sarawak.
The Sarawak state government also announced that it has made an application for stay of execution and further proceedings of the two judgments.
The State Government does not appear to be bothered with the criticism it is likely to draw, that it is trying to influence and pressure the High Court Judge who will be hearing the application for stay of execution and further proceedings of the judgments.
Even more heroically, the Sarawak Government openly denigrated the High Court, saying the High Court “did not follow well established precedents” and berated the High Court for the “wrong application” of Article 153 of the Federal Constitution.
The State Government insisted that the two judgments ought to be critically reviewed by the Appellate Courts. The Sarawak Government claimed that Article 153, which provides for reservation of special rights and privileges for Malays and natives of Sabah and Sarawak, has no application to land and land rights.
The State Government’s arrogant message appeared to challenge the Courts. The Sarawak Government reminded the Courts, and civil society critics, that it has a mandate from the people to rule the state. It appeared to be an attempt at propaganda to silence critics, but the press statement is likely to elicit even more jeers and condemnation.
Is this the first salvo fired in a constitutional showdown with the courts? Does the Barisan Nasional government think it is all-powerful and cannot be challenged?
Full text of the Sarawak Government’s press statement: (more…)