KUCHING: The Kuching High Court today (2 March 2011) rejected an appeal for stay of execution by the four defendants (Land Custody Development Authority, Pelita Holdings Sdn. Bhd, Tetangga Arkab and the state government of Sarawak) against the decision of the High court.
However, they will appeal to the Court of Appeal.
The Kuching High Court on 20 February 2011 ruled that any joint venture agreement between a non-native and native in oil palm plantation is in contravention of Section 8 of the Land Code.
The decision of the court has wide implications on joint venture agreement between non-natives and natives in the oil palm plantations.
There are more than 20 JV companies with natives may be affected by this ruling.
The Pantu natives have sued LCDA, Pelita Holdings Sdn Bhd, Tetangga Arkab and the state government of Sarawak as first, second, third, and fourth defendants respectively on behalf of themselves and 90 others.
The plaintiffs who are ethnic Ibans, natives of Sarawak, claim to be entitled to native customary rights over land in an area described as ‘the disputed are land’ in the Pantu Land district.
High Court Judge Linton Albert who delivered the judgment said that their joint venture agreement was in contravention of Section 8 of the Land Code because neither Tetangga Arkab Sdn nor TETANGGA was subsequently declared a native because it is a principle of antiquity that things invalid from the beginning cannot be valid by a subsequent act.
He said: “Section 8 (a) of the Land Code provides that ‘a person who is not a native of Sarawak may not acquire any rights or privileges whatever over native customary right".
The Court declared and ordered the plaintiffs are entitled to their claim to land under native customary rights in the Sg. Tenggang NCR Development area at Pantu.
It also declared the destruction of the plaintiffs’ respective native customary rights land by the first (LCDA) second (Pelita Holding Sdn Bhd) and third (Tetangga Arkab Pelita) defendants was unlawful and damages to be assessed by the Deputy Registrar to be paid by the first, second and third defendants with interest at 4% per annum from the date hereof until settlement.
It ordered that the first, second and third defendants forthwith give vacant possession of the plaintiffs’ native customary rights land.
Fourthly, the first, second and third defendants and their servants, agents, assignees and successors are restrained from entering, occupying, clearing, harvesting or in any way howsoever carrying out works in rhea plantiffs’ native customary rights land; and costs to the plantiffs to be paid by the first, second and third defendants to be taxed unless agreed.
The plaintiffs were represented by Dominique Ng and assisted by Datuk Seri Daniel Tajem.
However, they will appeal to the Court of Appeal.
The Kuching High Court on 20 February 2011 ruled that any joint venture agreement between a non-native and native in oil palm plantation is in contravention of Section 8 of the Land Code.
The decision of the court has wide implications on joint venture agreement between non-natives and natives in the oil palm plantations.
There are more than 20 JV companies with natives may be affected by this ruling.
The Pantu natives have sued LCDA, Pelita Holdings Sdn Bhd, Tetangga Arkab and the state government of Sarawak as first, second, third, and fourth defendants respectively on behalf of themselves and 90 others.
The plaintiffs who are ethnic Ibans, natives of Sarawak, claim to be entitled to native customary rights over land in an area described as ‘the disputed are land’ in the Pantu Land district.
High Court Judge Linton Albert who delivered the judgment said that their joint venture agreement was in contravention of Section 8 of the Land Code because neither Tetangga Arkab Sdn nor TETANGGA was subsequently declared a native because it is a principle of antiquity that things invalid from the beginning cannot be valid by a subsequent act.
He said: “Section 8 (a) of the Land Code provides that ‘a person who is not a native of Sarawak may not acquire any rights or privileges whatever over native customary right".
The Court declared and ordered the plaintiffs are entitled to their claim to land under native customary rights in the Sg. Tenggang NCR Development area at Pantu.
It also declared the destruction of the plaintiffs’ respective native customary rights land by the first (LCDA) second (Pelita Holding Sdn Bhd) and third (Tetangga Arkab Pelita) defendants was unlawful and damages to be assessed by the Deputy Registrar to be paid by the first, second and third defendants with interest at 4% per annum from the date hereof until settlement.
It ordered that the first, second and third defendants forthwith give vacant possession of the plaintiffs’ native customary rights land.
Fourthly, the first, second and third defendants and their servants, agents, assignees and successors are restrained from entering, occupying, clearing, harvesting or in any way howsoever carrying out works in rhea plantiffs’ native customary rights land; and costs to the plantiffs to be paid by the first, second and third defendants to be taxed unless agreed.
The plaintiffs were represented by Dominique Ng and assisted by Datuk Seri Daniel Tajem.
10 comments:
For 41 years the Bumiputras community in Sarawak have been bluffed into believing that UMNO will “sapu” all projects and business allocated to Bumiputras if it was allowed to step foot into Sarawak. How naive and ignorant are the Sarawak Bumiputras when infact, with Rahman Yacub and Taib Mahmud at the helm of PBB which is the dominant BN party in Sarawak, PBB has been and is the proxy of UMNO since 1970. For as long as the former thief minister ,Rahman Yacub and now his nephew and another thief minister, Taib Mahmud ,were able to deliver all the parliamentary seats they would have the autonomy to rule Sarawak and given tacit approval to strip the state of its rich natural resources and manage federal allocated funds freely.
Why must Bumiputras in Sarawak be afraid of the presence of UMNO in Sarawak although it has already been present here through PBB since 1970. The rakyat of Kelantan, Penang, Selangor, Kedah and Perak have rejected UMNO in their states. When the majority of Malaysians reject UMNO and PBB , they will almost certainly close shops no matter how many branches they set up here or anywhere in Malaysia.
What difference does it make whether it is UMNO or Taib who “sapu” Sarawak. Reject both of them totally in the coming state election and GE13. Vote for change and a new government that is of the people , by the people and for the people.
Sarawak4change. Vote Pakatan Rakyat.
this is all related to Trijan Horse. I Have to say Well Done To PR.
http://sebanaku2u.blogspot.com/2011/03/umb-bn-tea-boy-or-trojan-horse.html
With the court ruling, the first, second and the third defendants have to vacate the land immediately. Am I right?
May other aggravated native-landwwners be inspired to do likewise in re-claiming their legitimate native customary rights against the legalized-NCR-land-grabbing through "Principle Trust Deed" ostensibly becmae "Principle Trust Greed".
Sebanaku,
"...this is all related to Trijan Horse. ..."
Would you like to explain that?
SUPP’s aping of Nagypt’s infamous ‘If you don’t help us, we won’t help you’ will be to the detriment of its party. The Chinese community throughout the nation or in any part of the world will never allow themselves to be held at ransom by a political party. Malaysians of all races shall never allow the BN government to intimidate or threaten them into voting BN in exchange for developments. The Dayaks too are no longer afraid to vote for change and shall no longer vote BN in exchange for votes.
Sarawak Useless People’s Party president, George Chan, says ‘I always believe in ‘you help me, I help you’, and that it’s not right if ‘I help you, you makan (eat) me’.’ George Chan has forgotten that it is the responsibility of the government in which BN is currently ,to develop the state or country unconditionally.
It is too little and too late to tell the rakyat that BN already secured the funds for developing all the neglected rural constituencies and that the rakyat will get nothing if BN lost. Extortion does not work any more and only a highly corrupted and authoritarian government extorts from its people. UMNO controlled BN’s days of surviving in power by extorting its people are over.
To George Chan of Sarawak Useless People’s Party and all BN coalitions, we say, ” Try pushing your luck with us the rakyat”. We shall show you who has the power and final say in making or breaking a government.
Reply
now a lot of blogger blogging just for the sake of allowance. Everyone can blogging but at least blog with fact.PBB, SUPP,PRS,SPDP even PR all have prob now. Cannot hide anymore but use the blog for a good reason. Now a days RAKYAT can surf and look for facts. Do not provide them with bullshit evidence. Do not blogging just to show people you are doing your job or to impress people. Do not just copy and paste. Out there there is a lot of people know the facts or blogging. For Sebanaku2u , Tok Teh have both. So watch out
Granny are watching you.
http://sebanaku2u.blogspot.com/2011/03/blog-umb-pbb-penipu.html
Sebanaku2u, how is this NCR case all related to trojan horse?
Yesterday i met with a number of participants attending the BN convention,on their way back from kuching,at Lachau and most of them are PBB people.I asked them if Jabu could be the next CM (since they are from Betong),and to my disappointment,they said Jabu will never make it.When i asked them why still supporting Jabu,their main anwser was "tumpang cari makan",which is synonimous to Jabu's trademark in politics,"NUMPANG ngidup kediri'.Sigh! these people has been influenced by Jabu's father way of politics,not by Jabu per se.
It's a pleasure to note that the judge even use the word 'Parasitic'.
Anyway the whole idea of this plantation scam is simple:
The Dayak may own the lands but not the fruits of which the trees are planted upon by.
Yes it's ' 'Tanah NCR itu Dayak punya, tapi itu buah BN punya' kind of scam.
Got it folks?
BN only wants to use/abuse/acquire the Dayak lands for free (zero land cost) while all the plantation fruits money profits revenue only gone to BN cronies in whatever way - cooking the account reports, overpriced plantation supplies etc - until most profits evaporated as giant BN money laundering scheme.
Not enough with taking the Dayak lands for free, the dividends meanwhile typically a joke sum not entirely shows the 30-60-10 JV ratio of Konsep Baru when 99 percent fruits money gone to BN cronies not the Dayak that provide 100 percent of total lands required.
That's why the Dayaks must demand first that any JV must include fixed month land rentals, at least another income source/compensate for lands being used. Whether the JV making money that's the catch - how about increase the ratio of the JV from 30 percent. LCDA should give up the 10 percent share to the Dayaks instead for total 40 percent. Then who'll check the JV account books? It's all must be included in the agreement. Where are the knowledgeable Dayak BN leaders to monitor this when they need the most safeguard the Dayak interest?
Is this how own Dayak BN leaders help to eradicate rural Dayak poverty? By cheating the poor Dayak plain in broad daylight?
So by now you all should know the Konsep Baru defined as:
'Tanah Dayak punya, Buah BN punya'.
Post a Comment