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14-year legal battle over NCL ends

Friday, 09 September 2011 09:24am

©The Sun (Used by permission)
By Tan Yi Liang

KUALA LUMPUR (Sept 9, 2011): The Federal Court yesterday dismissed an appeal by six native customary land (NCL) owners against the Sarawak state government in relation to the loss of their land as a result of the Bakun dam project.

A three-member panel comprising Chief Justice Tun Zaki Azmi, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Court of Appeal President Tan Sri Md Raus Sharif unanimously ruled that the Sarawak Land Code did not violate the Federal Constitution.

The six NCL owners -- Bato Bagi, Bit Buneng, Siring Angah, Adem Anyie, Jating Ibau and Ngajang Midin -- represent the residents of five longhouses along the Batang Balui river in Belaga District, Kapit which were affected by the construction of the Bakun Hydro-Electric Dam Project. Bato Bagi died two months ago.

The court also dismissed an appeal by two longhouse residents in Tatau, Bintulu -- Jalang Paran and Kampong Anak Amih -- who had sued the Sarawak government and Borneo Pulp And Paper Sdn Bhd for taking over village land in Ulu Batang Tatau for a pulp mill.

The suit, among other claims, posed the question on whether Section 5(3) and 5(4) of the Sarawak Land Code relating to the extinguishment of native customary rights are ultra vires vis a vis Article 5 and Article 13 of the Federal Constitution.

The issue was whether provisions of the code relating to compensation contravened Article 5 which states that no person shall be deprived of life or personal liberty except in accordance with the law, and Article 13 which relates to right to property and “adequate compensation”.

The dismissal of the appeal by the NCL owners marks the end of a long legal battle that began in the 1990s with a June 23, 1997 claim by the six in relation to land along Batang Balui and its tributaries.

The plaintiffs lost their claim in the High Court in Sarawak on April 26, 2008, a decision upheld by the Court of Appeal last year. The Federal Court on April 1 this year granted the appellants leave for their appeal to be heard.

They were represented by Sulaiman Abdullah and Sarawak Parti Keadilan Rakyat chief Baru Bian, and the respondents by Sarawak State Legal Counsel Datuk J.C. Foong.

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