Hornbill Unleashed

February 4, 2010

Sarawak Government: The High Court is Wrong

Filed under: Corruption,Media/Press,Native Customary Rights,Politics — Hornbill Unleashed @ 12:02 AM
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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:

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.

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14 Comments »

  1. […] communal Sarawakian blog Hornbill Unleashed posted the government statement in […]

    Pingback by Sarawak gov’t credibility strained over NCR policies « Hornbill Unleashed — February 11, 2010 @ 12:01 AM | Reply

  2. Take all the above and put it alongside a red carpet visit by the CM to the courts http://www.theborneopost.com/?p=9139. what does it spell?

    Comment by fear and favour — February 7, 2010 @ 11:12 PM | Reply

  3. […] the latest propaganda assault has been launched openly by the state government. The state government issued a statement claiming the High Court was mistaken in its use of NCR legal precedents and Article 153 of the federal […]

    Pingback by Sarawak BN Battered in Publicity Wars « Hornbill Unleashed — February 7, 2010 @ 12:02 AM | Reply

  4. […] a look here. Bookmark […]

    Pingback by Sarawak gov’t to appeal landmark judgments « anilnetto.com — February 6, 2010 @ 8:19 PM | Reply

  5. The Judiciary deserves what it is getting because it allowed itself to be subservient to the dictates of the government leaders. It has been acting like a component of BN. Just look at the cases involving the Perak State government, to just give one example. Former SN Chan has criticized them in strong language and sond arguments.

    Look at the ease with which senior judges block justice when it involves the Opposition. See how quickly they entertain applications by BN. See how they dismiss sound judgement made by high court judges.
    Sure, there are some really ‘brave and God fearing’ judges but these are very few. The vast majority are scums unworthy of the lofty position they hold.
    The Judiciary as an institution has to win its respect.

    Comment by Sam01 — February 5, 2010 @ 10:33 AM | Reply

  6. On ALLAH ISSUE the court was wrong, on NCR land issue the court was again wrong,proclaimed by the government BN. To all rakyat what is your future in Malaysia,?To all SARAWAKIAN ,please vote BN to rob your lands if you want it to be.

    Comment by kpt99 — February 4, 2010 @ 9:58 PM | Reply

    • what is wrong with you? putting blame on Sarawakians for putting BN in power. I hate this as much as you do. Many Sarawakian voters are simple folks who don’t care if jet engines have gone missing or billion of taxpayers RM were lost in PKFZ. They just concern about living their daily lives without much hassles.
      Sudden and radical change of government is not good. Many of our politicians are recycled faces with baggage. We vote out a corrupt government only to vote in a more corrupt government. Even now there are problems in Pakatan Rakyat. These BN people are losing their grips on power. One day they will be out of power.
      You must be a Malayan. What to expect, many Malayans are arrogant they think that they are superior to us Sarawakians.

      Comment by Colin Ubeh — February 6, 2010 @ 8:15 AM | Reply

      • you are mistaken. kpt99 is a true sarawakian. there are other sarawakian thinks like him too.

        Comment by nymph — February 6, 2010 @ 11:33 AM | Reply

  7. Let’s hope that the judges in Sarawak are more courageous than those spineless ones who run the kangaroo courts in Pen Malaysia. They must not be intimidated and backed down because once they do, it’s the end of their independence. Judge or be judged.

    Comment by Jungle Jim — February 4, 2010 @ 6:33 PM | Reply

  8. The Sarawak State Barisan has always depended on the rural Iban votes to gain their big majority in practically all past State elections. If these voters like to continue giving all their undivided support, let them do so with more NCR lands being taken away from their noses for big oil palm plantations companies which do not even have majority local shareholding stakes. As the saying goes, God only help those who help theselves. I am not sure what is Allah’s position on this saying because that word cannot be used too liberally.

    Comment by malsai1206 — February 4, 2010 @ 6:14 PM | Reply

  9. Taib’s state BN government must be voted out in the next election.

    How can his government say that Federal Constitution Article 153 that provides for the special position and privileges of Malays and natives of Sabah and Sarawak has no application to land or land rights?

    He and his cronies are looting the Malays and natives of Sabah and Sarawak and they will not allow anything to stand in their way. Not a High Court Judge, not even the country’s Constitution.

    The Pakatan group should circulate this statement by the Sarawak Government to the rural communities, particularly in the PBB constituencies.

    Comment by Amir — February 4, 2010 @ 2:00 PM | Reply

  10. “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 Sarawak Government should be cited for contempt of Court. What a sore loser !

    Comment by PH Chin — February 4, 2010 @ 12:34 PM | Reply

  11. The Sarawak Government is obviously trying to intimidate the judges. Can contempt proceedings be taken against the state government?

    Baru Bian and See should bring this matter to the court and make sure that whoever the judge is, declares himself not in any way sway by this statement.

    May be a judge from outside Sarawak should hear any application relating to these 2 cases, or the rest of the NCR cases.

    This is really shameful.

    Comment by Jimmy Jugah — February 4, 2010 @ 7:49 AM | Reply

  12. “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.”…….WHAT A JOKE!!! Who dares to buy vast tracks of UNTITLED LAND from the natives? INVESTORS ONLY DARE TO BUY TITLED LAND AND LAND ISSUED WITH A PROVISIONAL LEASE. Who has the power to issue the provisional lease? And to WHOM? Why is the govt so persistent in wrestling away the NCR land from the natives. This move makes a lot of sense to awakened Dayaks. The BN gomen has turned into pirates and land robbers. NCR LAND ROBBERS. INVESTORS BAWARE…DON’B BUY STOLEN GOODS!

    Comment by batulawi — February 4, 2010 @ 1:21 AM | Reply


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