Hornbill Unleashed

December 21, 2016

Federal Court allows appeal against decision on ‘pemakai menoa’ and ‘pulau galau’

Filed under: Politics — Hornbill Unleashed @ 8:02 AM

Some of the natives present at the Kuching Courthouse holding their banners before the proceeding yesterday.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


Advertisements

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.

%d bloggers like this: