The Federal Court here today, through a majority judgement of three to one, has allowed the appeal by the state government against the Court of Appeal’s decision that recognised ‘pemakai menoa’ and ‘pulau galau’ as native customary rights (NCR) land.
The Federal Court also set aside the orders of the High Court and Court of Appeal in Tuai Rumah Sandah Tabau and eight other native customary rights (NCR) landowners case.
The judges who allowed the state government’s appeal were Court of Appeal president Tan Sri Md Raus Sharif and Federal Court judges Tan Sri Ahmad Maarop and Tan Sri Abu Samah Nordin while another Federal Court judge Tan Sri Zainun Ali dissented.
The decision was read out by the deputy registrar of the Federal Court.
Among the grounds given by the majority judges was that ‘pemakai menoa’ and ‘pulau galau’ were customs and practices but were not given the force of law.
However, Zainun said customs and practice were given the force of law under Article 160 of the Federal Constitution.
Source : @ The Borneo Post Online