Kuching High Court ordered the state to exclude NCR lands Belong to 7 Longhouses in Tuba from the proposed Sebuyau National Park.

Kuching
Tuesday, 14th September 2010

All the court cases between NCR landowners and Sarawak government  were defended by PKR Lawyer Saudara baru Bian. Did we ever see any dayak law makers from BN came forward and assist the land owners? So far None. With this, I would like to urge all the dayaks to abandon BN  and join Pakatan Rakyat. Bravo Saudara Baru Bian. 

The residents of seven longhouses in Tuba today heaved a sigh of relief when the Kuching High Court ordered the state to exclude their lands from the proposed Sebuyau National Park.

“It is a huge victory for us,” said Joshua Karim, a spokesman for the group.

“Credit should be given to the people for their brave efforts and their patience.”

Two years ago, the state government earmarked some 27,500 hectares of land in Ulu Sebuyau for the park, meant as a wildlife sanctuary, particularly for orang utan and proboscis monkeys.

Several longhouses, including the seven in Tuba, would have had to be moved out from the area.

But the Tuba folk brought their case to court with the help of native land rights activist Baru Bian and his legal firm. The decision today ensured that 5,000 acres of the NCR (native customary right) land are safe. Only 400 acres of NCR land are now part of the park.

“Now we can sleep peacefully and are no longer fearful of being moved out from the land which we have occupied since the time of Rajah Brooke,” Karim said.

Negotiations to start

Celebrating the victory with them today was PKR supreme councilor Zaid Ibrahim, who flew in from Kuala Lumpur to hear the court decision.

Zaid said the case should serve as a lesson to the state government that it could not simply ignore the rights of the people.

Baru Bian, briefing the press on the court decision, said his clients would begin negotiations with the government next week for some form of compensation for the money they had to spend on the case.

“I hope it can be settled out of court,” he said.

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This article is taken from Free Malaysian Today

NCR landowners win landmark cases

Kuching
Thursday, 21st January 2010

Two land owners won their respective court cases in the Kuching High Court today, the decisions of which may open a floodgate of civil actions against the Sarawak Government.

In the first case, Mohamad Rambli bin Kawi of Kampung Lintang sought declarations that he had acquired native customary rights over 51 parcels of NCR land situated at Loba Rambungan, Kuching.

He also sought a declaration that the extinguishment of his land under Section 5 (3) and (4) of the Sarawak Land Code was unconstitutional.

Following the extinguishment notice, Mohamad Rambli had on 9 September 2002 submitted his claims to the Land and Survey Department, but his claims was rejected.

The State Government rejected his claim arguing that the Malays in Sarawak did not have any native customary rights over land.

10 similar cases

In a landmark decision, High Court Judge David Wong allowed his claims and ordered the government to extinguish his rights over the land and pay compensation in accordance with law.

About 10 cases of similar nature involving the Malays are now before the court.

In the case of Agi anak Bungkong, he sued the government on behalf of 196 Iban families from 15 longhouses over NCR land in and around their longhouses in Selezu, Setulai and Sepadok in the Sebauh District, Bintulu.

They claimed that they had native customary rights over those lands which, to them, were more than just lands but which constituted their life, and from where they derived food, valuable medicines, wildlife and natural produce for their livelihood and sustenance.

They cultivated padi, fruit trees, rubber, cocoa and other essential and crops on those lands. Hence, they argued that NCR land, comprising lands and forests, were not just a source of livelihood but life itself.

They said that their NCR over their lands was recognised in and by law and expressly acknowledged and honoured by the government of the day.

However, possibly due to an act of recklessness and negligence of the 4th defendant (Land and Survey Department) and the 5th defendant (the State Government) or in disregard of the plaintiffs' acquired, vested or accrued rights in the native customary land, two provisional leases over Lot 2 Block 4 Selezu Land District and Lot 2 Block 34 Kemena Land District were issued to the 2nd defendant (Lembaga Tabung Haji) and 3rd defendant (Semai Mekar Sdn Bhd) on 2 December 1996.

The said provisional leases covered and included a substantial part of the plaintiffs' said NCR land.

Order to ratify NCR lands

High Court Judge David Wong granted that the plaintiffs have native customary rights over the lands they cleared.

The judge ordered that the NCR lands should be ratified and excluded from the provisional leases.

The plaintiffs must be given vacant possessions forthwith, he said.

For the two cases, the judge ordered that damages for the plaintiffs to be assessed at 4% interest per annum from the date of encroachment to the date of judgment and 8% from the date of judgment to the realization of the payment.

Costs to the plaintiffs are to be assessed by the court.

The two cases were represented by Messrs Baru Bian, Advocates & Solicitors.

Personally Bukittunggal.com would like to congratulate the two NCR land owners for winning the case, and to Sdra Baru Bian for successfully defends the rights of the NCR landowners.

BRAVO Sdra Baru Bian!

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