Taib’s policy on land drives investors away?

KUCHING:  Chief Minister Abdul Taib’s government policy in granting provisional leases on native customary rights (NCR) land to crony companies will not  only start ‘wars’ with the  natives, but will also drive away potential and genuine oil palm investors, warned See Chee How, State PKR Vice-Chairman.

“The scheme of granting provisional leases (PLs) for planting land to companies (usually crony companies) and allowing them to sell the companies or leases to investors at a huge and lucrative premium has been practised for the last decade.

“However, it was earlier exposed that the scheme was modified and taken further by certain quarters to create superfluous and ostentatious one to rip-off investors, and honest business corporations,” said See, who has been representing the native landowners on NCR land cases in the state.

“This is seriously affecting and hurting the confidence of potential investors not only in land development projects but other projects in the state as well.

“The government should be cautious with the issuance of provisional leases and approval of plantation projects involving native customary rights land,” said See, who is the Batu Lintang Assemblyman.

He added: “The application and approval must be made openly and transparently in accordance with the principles of good governance.

“This is necessary to ensure that the rights of native landowners are safeguarded on the one hand, while the business interests of genuine investors are protected on the other,” he said.

See made the comment in light of two reports of criminal breach of trust charges against former Sime Darby Bhd president and group chief executive officer (CEO) Ahmad Zubair Murshid by the Session Courts in Kuala Lumpur last week which caused Sime Darby to incur RM85mil in losses.

“The arrest and charging of the former Sime Darby CEO puts the state to shame and we certainly hope the Attorney-General’s Chambers and the Malaysian-Anti Corruption Commission (MACC) to get into the bottom of the matter.

“There is a lesson to be learned from this episode. Both the Chief Minister and Land Development Minister (James Masing) must take note of intensifying strives by certain Barisan Nasional elites in the state creating devious and specious competition with genuine investors coming to Sarawak.

“But the benefits from the competition are wholly for themselves and not benefiting the state,” he said to news media.

The PKR leader pointed out that the charges in connection with the acquisition of the land in Sarikei under the Sarawak Upstream Expansion Plan among others were not the first case where business interests of genuine land development corporations were affected by opaque dealings and incomprehensible award of land leases or approval of land development projects.

“This practice (granting provisional leases) for oil palm to companies and allowing them to sell the leases to investors a huge and lucrative premium has been going on decades,” he said and warned that it would drive away genuine and honest investors and at the same time it would create a conflict between the natives not only with the government but also with the investors.

His legal firm, Baru Bian Advocates and Solicitors, has been handling more than 100 cases, in which the native landowners are suing the government and the companies for taking away their NCR land.

So far the legal firm has won more than 10 cases.

In the first charge, Zubair was accused of failing to take or instruct legal action between November 17, 2008 and November 28, 2008, to rectify the award of NCR land in KJD/Lower Julau, Sg. Julau/Sg. Pitoh/Sg. Jiet and part of Merurun/Meluan/Entabai in Sarikei to Vertical Drive Sdn Bhd and thereby causing Sime Darby to incur losses amounting to some RM85mil for having to acquire Vertical Drive.

In the second charge, he was accused of failing to take or instruct legal action between November 17, 2008 and December 4, 2009 to rectify the award of NCR lands in the confluence of Btg. Rajang/Btg. Baleh, Kapit and the remaining eastern half of the Merurun/Meluan/Entabai and Julau to Nature Ambience Sdn Bhd and thus causing Sime Darby to incur losses amounting to some RM16mil in having to acquire Natural Ambience.

He was also charged with two alternative charges of cheating under Section 418 of the Penal Code. Under these charges, he was accused of failing to inform Sime Darby’s board of directors on November 28, 20078 and December 4, 2009 respectively that the NCR lands in Sarikei had instead been awarded to Vertical Drive and Nature Ambience.

Zubair claimed trial all the charges. 

Bian: Is Taib dumb or ill advised?

The Sarawak PKR chief says the CM should read the Land Code properly and realise that there indeed have been land grabs.

KUCHING: Chief Minister Abdul Taib Mahmud publicly revealed his ignorance of the law when he said that there had been no land grabs in Sarawak, according to state PKR chief Baru Bian, a lawyer well known for his advocacy of native customary rights (NCRs).

Commenting on a statement that Taib made last Wednesday, he said the chief minister either was unable to understand the Sarawak Land Code or had been misled by his advisers.

“I advise him and his advisers to study carefully the provisions of the Land Code, especially Section 15 Clause 1,” Bian said today.

According to the clause, NCR land cannot be alienated or used for a public purpose until all NCRs have been surrendered or terminated or after compensations have been made.

Last Wednesday, Taib claimed that all land yet to be granted to the people is state land and the government has never had a reason to grab land belonging to the people.

“As we all know,” the chief minister said, “most development starts from land. Unfortunately, some quarters try to mislead the people so that they will oppose these projects for fear that the government will take away their land.

“Why should the government grab people’s land when all the land that has yet to be granted to the people belongs to the government?”

Bian pointed out that he and other lawyers had won several cases against the alienation of NCR land and the granting of such land to big companies.

“My law firm alone has won more than 10 cases,” he said.

“NCR lands have no titles. A lot of people don’t understand that because they have no title, they are always subject to proof of occupation.

“There is a list of NCR lands being alienated under provisional leases, timber licences, and quarry licences.”

“Taib is wrong, and what he said is not true, because there exist NCR lands within the state land.

“The government can lease only state land. This is the legal concept that people don’t understand.”

He said his court victories were clear proof that NCR lands were alienated by the government and given to those with no right to them.

“This is what we call land grab,” he said.

“Taib is making a sweeping and misleading statement. He is either wrongly advised or he does not know the Land Code.

“I want him to read Section 15 of the Land Code. Like in the United Nations Declaration of the Rights of Indigenous Peoples, of which Malaysia is a signatory, there must be prior consultation and consent from the natives before their land is taken for a public purpose.”

Asked whether his debate with Taib on the NCR land issue was still on, Bian said: “I don’t think he will accept it. And as far as we are concerned, we will fight the government in court.

“But the fastest and most effective way for us is to change the government.”

--Free Malaysia Today

Truck torched as ‘warning’ to natives

Local native NCR landowners protesting against the government for issuing provisional leases (PLs) to oil palm companies will not cower in fear.

SERIAN: A 4WD vehicle belonging to a local Iban native leader was torched early yesterday morning in what is seen as a “warning” of worse things to come if the natives persisted with their dispute over 5,500 acres of native customary rights (NCR) land, which the government had handed over to three oil palm companies.

The three companies which have been given provisional leases (PLs) over the land to plant oil palm are Memaju Jaya, United Team Trade and Tetangga Arkab.

One of the companies is allegedly owned by former Kedup assemblyman, Frederick Bayoi Manggie. The native landowners alleged that their land was part of a deal for Manggie to step down as elected representative. His place has since been taken over by Martin Ben.

The torched RM76,000 Hilux truck belonged to Micheal Lung who has been at the forefront defending the rights of the 200 affected landowners.

According to Luang, his vehicle was parked near his house at Kampung Tanah Mawang, about 20km from Serian.

“I was wakened up early this morning by the sound of fire and went to check. I was shocked when I saw my Hilux parked near the house burning and saw someone leaving the place in a car.

“It is obvious that these people were trying to intimidate me because I am one of the leaders who are defending our NCR land.

“I can tell you we will not be cowed by this act of vandalism. Instead, we will become more resolute in defending our NCR land,” he told FMT, adding that their great grandparents had created this NCR land for them and no one had the right to take it away.

Luang has since lodged a report at the Serian police station.

Legal recourse

Several angry leaders and landowners turned up at Luang’s house upon hearing of the incident to discuss a number of options open to them, one of which was through the legal means.

“We have contacted our lawyers,” Luang said.

He added that a few weeks ago officials from the Land and Survey Department contacted them and urged the community to “cooperate”.

“They told us the government could not do anything now since the PLs have been given to the companies to plant oil palm,” said Luang, who was one of the Iban natives from several longhouses in Balai Ringin who carried out camped-in protests at the car park of the Land and Survey headquarters in mid-May this year.

More than 70 men and women camped three days and nights at the car park until the Land and Survey director agreed to meet with them.

Initially, the director refused to meet with them until the protests caught the attention not only of local and national media, but also of international organisations.

Their protests also attracted the attention of both the opposition and the Barisan Nasional leaders.

Kota Sentosa assemblyman Chong Chieng Jen raised the matter in the State Legislative Assembly, which was sitting at that time.

“The delaying tactics by the Land and Survey Department is not helping the natives. This is the time when the people are standing up for their rights to their land that the government has taken away.

“They are going to stay here until the problem is resolved.

“We call on all those who face similar problems to come and visit them in order to show solidarity with them,” Chong, who is Sarawak DAP secretary, had said.

Change the policy

Chong said this was not the only group that had suffered. Throughout Sarawak, there are hundreds of thousands of natives whose lands have been taken away from them.

“This is very unfair on the part of the state government which only turns a blind eye to their problem. Only through change of policy can these problems be solved,” he added.

The natives first brought their case to the Land and Survey director in January this year, asking him to cancel the PLs on their land.

On March 17, the same group again tried to meet the director. Again, the director refused to talk to them. Instead, he sent a junior officer to deal with them.

On May 14, they wanted to see the director for the third time. Again, the director refused to meet them.

A junior officer was sent to talk to them, saying that their problems were yet to be solved.

Unhappy and angry, the natives numbering 70 comprising men and women refused to go home and set up camps in the car park in front of the Land and Survey Department to show their protest.

Devoid of logic?

I have returned from Gawai Dayak celebrations during which I met a lot of relatives and friends. Besides enjoying ourselves during the Gawai, our focus of discussion was on native customary rights (NCR) land, the majority of which has now been ‘sold’ by the government through their agents like Temenggong, Penghulu and Tuai Rumah to big oil palm companies like Tabung Haji.

According to them, the affected landowners have filed their legal action against Tabung Haji, Temenggong and Tuai Rumah as well as against the Land and survey Department and the government.

All the NCR land even up to their ‘kaki tangga’ (door step) have been taken away leaving nothing for the Ibans to plant paddy, vegetables, pepper, cocoa and rubber.

Some of the Ibans have now been given rubber clones, pepper and oil palm to plant together with subsidies. This scheme is under the Ministry of Agriculture.

What is strange is that the majority of the Ibans, if not all, have no land left to plant all these crops as their land have been taken by Pelita-Tabung Haji Company.

What shall they do with the rubber clones and young oil palm trees and fertiliser?

Sell them for a short term benefit?

But that is not the point: The point is why giving them when you know they have no land to plant those crops.

Are these parts of the ‘election goodies’? Or are those from the Ministry of Agriculture plain stupid?

Balai Ringin native landowners protest

14 May 2012

KUCHING: About 65 native landowners from Balai Ringin today staged a protest in front of the land and survey headquarters, Petrajaya, Across River, Kuching, after the Director of Lands and Surveys failed to  return to them their native customary rights (NCR) lands that were seized   right under their nose.

The natives first brought their case to the Director of lands and surveys in January this year asking him to cancel the provisional leases on their land.

On March 17, the same group again tried to meet the director. Again the director refused to talk to them. Instead he sent a junior officer to deal with them.

This morning was the third time they wanted to see the director. Again the director refused to meet them.  A junior officer was sent to talk to them saying that their problems are yet to be solved.

Unhappy and angry the natives comprising men and women refused to go home and made their camps in front of the land and survey headquarters.

One of the leaders, Augustine Bagat said that they would not stop protesting in front of the headquarters as long as their problems are not settled.

“While one group of 30 people goes home, another group of 30 comes in to replace them. We will eat and sleep in the camps.

“We will do it (the protest) for the next few days,” he said.

According to Augustine, three companies – Memajujaya, United Team Trade and Tetangga Arkab – were given the PLs to plant oil palm in their NCR land.

One of the companies is allegedly owned by the former Kedup assemblyman, Frederick Bayoi Manggie.

His company is said to have been awarded 5,500 acres of land, the bulk of it is NCR land.

“Or lands have been bulldozed and fruit trees, rubber gardens and farms destroyed,” said Augustine, adding that the government had refused to talk with them.

The Kota Sentosa Assemblyman Chong Chieng Jen who met with the protesters said that he would raise the matter in the current sitting of the Dewan Undangan Negeri.

“The delaying tactics by the land and survey is not helping the natives. This is the time when the people are standing up for their rights that the government has taken away their land. They are going to say here until the problem is resolved.

“We   call on all those who face similar problems to come and visit them in order to show solidarity with them,” said Chong.

He said that this is not the only group that has suffered. Throughout Sarawak there are hundreds of thousands of natives whose lands have been taken away from them.

He said: “This is very unfair on the part of the state government which just keeps and only turns a blind eye to their problem.

“Actually the government is working in cohorts to take away NCR lands from the natives,’ he said, pointing out that the problems are created by the system.

“Only through change of policy that these problems could be solved,” he added.

Court rulings strengthen native rights on NCR

Recent court rulings favouring natives in NCR land issues should be seen as a warning to potential investors.

KUCHING: The recent court victories of native customary rights (NCR) landowners against oil palm companies should serve as important lessons and precedents to would-be investors.

NCR lawyer See Chee How (pic) said oil palm companies can no longer bully landowners simply because the state government refuses to respect the people’s rights.

“There is no alternative for big oil palm companies but to cooperate and work directly with the native landowners, and this means you (the companies) have to respect their (landowners) native customary rights over the land.

“They should respect the customary rights of the native landowners, although the government does not respect the people’s rights if they want to develop their land,” he said.

See, who is also Batu Lintang assemblyman, was commenting on a NCR land case between 168 native landowners and Pelita Holdings, Boustead Pelita Kanowit Sdn Bhd, Land and Survey Department and the State government.

The landowners had sued the companies and the state government after the firms failed to honour its agreement and disburse profits to landowners despite four years of yeild.

After hearing the argument by lawyer Baru Bian, the Sibu High Court ordered the agreement to be cancelled and land to be returned to the landowners.

Damages and compensations are to be assessed later.

Natives not anti-development

Relating to the case, See said that the companies could appeal, but the land will have to be returned to the people.

“We are busy looking for a good plantation company to replace Boustead and help manage the plantation.

“Arising from this case, all the while we have been saying that the investors should respect the native customary rights of the people over the land, even though the state government does not respect native customary rights.

“The natives are not anti-development as labelled by certain quarters. In fact they want development; they want a better life for themselves and for their children and their future generation,” See stressed.

He pointed out that knowing this investors should work together with the landowners to develop the land.

“But when investors insist on going together with the government and get the provisional leases and start planting oil palm then you bear the consequences.

“We have won so many cases (nearly 20 cases) and the precedents are all there. And for those who listened to us they are now making money and the natives also benefit.

“It has got to be a win-win situation. But if you do it alone, you may win all or lose all. In the case of Boustead as well as in Gedong and other cases, the companies lose all,” he added.

“If they work with the native land owners, there will be a win-win situation. But if they chose to listen to the government, of course you either win or lose that kind of thing,” he said.- The Free Malaysia Today.

Land grabs: More natives take law into their hands

KUCHING:    Sarawak DAP today warned that more and more frustrated landowners taking the law into their hands as the state government continued to take advantage of the law to take away native customary rights land from the natives.

“The clear example was an incident in Simunjan on March 13, 2012 when several machineries belonging to Tabong Haji were burnt down allegedly by angry native landowners,” said DAP Secretary Chong Chieng Jen.

“I think the administration of NCR land by the state government is appalling on the way it is dishing out land and giving it to crony companies of state assemblymen resulting in a lot of dissatisfaction and frustration.

“The government is using the law and amending it to its advantage and taking advantage over the native landowners.

“That is why nowadays there are demonstrations against the government in respect of their NCR land,” said Chong, who is the Kota Sentosa and MP for Bandar Kuching.

He said that there are more than 200 NCR land cases in court whereby the landowners are seeking claims on their NCR land, pointing out that going to court is not the way to solve the problem.

“The only way to solve the problem is to change the policy; otherwise we are seeing more and more frustrated landowners taking the law in their own hands.

“The clear example is the Simunjan case where by some machineries of Tabong Haji were burnt a few days ago,” he added, saying that the government was trying to cover up the incident and all the main stream media did not report it.

“I think this is not the way to solve the problems, because at the end of the day more conflicts and more unhappy incidents and even violence will happen. This is something we do not wish to see,” he said.

Chong was commenting on the failure of 65 landowners from Balai Ringin who wished to see the Director of Lands and Surveys at the Land and Survey Headquarters on Friday morning to find out the status their complaints.

Two months ago the same landowners met with the officers of Lands and Surveys regarding their land which they claimed was leased to companies without their knowledge.

“Today the same group came down to find out the status of the investigation when they received no response from the department.

“What happened is that we were stopped by the guards and were not allowed to enter the Land and Survey headquarters even when it was raining heavily.

“We were all drenched outside.  And after waiting for more than three hours, we had no choice but to burst into the building. And only then a legal officer of the department came to see me and a few of the landowners,” said Chong.

He said that the director was not in and advised the landowners to write in making an appointment in one month’s time.

“I told him that one month is too long and the landowners will come back in two weeks’ time. They will campaign near the Land and Survey Headquarters until the director comes to see them,” he said.

During the meeting, Chong urged the officer to ask his department to issue a stop order against the companies from carrying out works in the affected NCR land.

The officer promised to look into it.

In January, some 50 landowners led by Augustine Bagat met with officials of the Lands and Surveys at its headquarters in Kuching urging the department to withdrawal the provisional leases on their land awarded to a number of companies having close links with the state government leaders.

One of the companies is allegedly owned by the former Kedup assemblyman, Frederick Bayoi Manggie.

His company is said to have been awarded 5,500 acres of land, the bulk of it is NCR land.

Suhakam promises to help NCR land problems

SERIAN:  Incursions into native customary rights land including illegal feeling of rubber trees and fruit trees on the land form the most complaints the Human Rights Commission (Suhakam) received on human rights violations in Sarawak, said Sarawak Suhakam Commissioner Detta Samen.

“Today we are conducting public hearing on the complaints by the native landowners to stand up and tell us their side of the story. An equal opportunity will be given to the corporate bodies and the government to respond to the so-called allegations,” he said.

The public hearing was chaired by Suhakam chairman Hasmy Agam with Samen and James Nayagam as panel members.

The team will also visit other towns and cities including Sibu, Miri and Bintulu for such hearing.

Samen said that the public got to understand that the public hearing was the second stage and the first stage was the public consultation that was held towards the end of last year.

“After we have done the public consultation, we are now doing the public hearing whereby the complainants are given the opportunity or a forum for them to stand up and tell us their side of the story.

“An equal opportunity will be given to the corporate bodies and government to response to the allegations,” he said.

Samen said that since there were so many NCR land complaints, it is not possible for Suhakam to solve these problems on a case by case basis.

“It is better for us to look at the overall picture and find out where exactly is the problem. It could be the problem of the government. It could be the problem of the contractor or it could be the problem of the natives themselves.

“So let us look this problem. This is what we are attempting to do,” he said, pointing out that this is the first time that Suhakam is conducting a national inquiry on land rights.

He said:  “After we heard the evidence and finished the hearing we will compile the reports and then we may be able to come up with some kind of recommendations or suggestions.

“These suggestions and recommendations will be given to the relevant ministries, to the state legislative assembly and parliament,” he said.

Asked why the government kept on issuing provisional leases to corporate bodies despite so many complaints, Samen said:  “The government has the right to issue PL to the contractors because the state needs to harvest the resources, but in the process of issuing the PL, there must be provision that communal forests or NCR land must be taken out of the forests.

“If you want to intrude into NCR land, there must be element of compensation, and this can only be done if there is a proper negotiation, proper dialogue between native communities and contractors and also the government agency.

“They can even approach Suhakam which can be the negotiator or arbitrator for the parties concerned.

“I don’t say there will be no problems upon negotiations. What I am saying there will be less problems.

“Yes Suhakam can help in the negotiation process,” Samen told FMT.

In Monday’s hearing, the common grouses by the natives are that their NCR land have been given away without their knowledge, their rubber trees, cash crops and fruit trees were illegally felled without compensation being paid,  and the natives are accused of being ‘outsiders’ and thus they are not allowed to enter their own land.

Breaches of agreement were also a common complaint when the companies refused to honour the agreements they made with the landowners.

Meanwhile, Sarawak PKR chief Baru Bian has described land-grabbing of NCR land  as being ‘chronic’ spreading from Lawas in the north region to Lundu in the south.

More than 200 of NCR land cases have been filed by native landowners in the High Court and are awaiting hearing.

State Govt lost again

SIBU: The State government lost yet another case of dispute over native customary rights (NCR) land to the natives this time at Budu, Krian, Saratok, prompting Baru Bian, the natives’ legal counsel to say that it is a clear proof of land grab by the present government.

“Today (23 September), another judgment handed down by the High Court in Sabah and Sarawak at Sibu, is another clear proof that the land grab by the present State Government of Native Customary Land (NCL) in Sarawak is on the rise,” Bian, who is Sarawak PKR chief said.

He was commenting on the natives’ victory against a company Vita Hill Sdn Bhd, the Director of Forests and the state government.

The plaintiffs who are all Iban natives of Sarawak, headed by their longhouse Chief or Tuai Rumah Gayan anak Tupai, and three others brought a legal action on their own behalf, as well as on behalf of 15 other residents who claimed to be proprietors, occupiers, and claimants of Native Customary Rights (NCR) land approximately 3,308.15 acres.

The land is situated at their longhouse known as Rumah Gayan, Dassey, Budu, Krian, Saratok, Sarawak, against three defendants a timber licensee Vita Hill Sdn Bhd and the issuing authority, the Director of Forests, Sarawak and the State Government of Sarawak.

The plaintiffs claimed that on or about the 13^th day of June 2006, without the knowledge and/or consent of the plaintiffs, the Director of Forests Sarawak, the second defendant had issued out to the Vita Hill Sdn Bhd, the first defendant a Timber Licence No. T/3456, which area includes or overlaps onto the plaintiffs’ NCR Land.

The Plaintiffs had proven in the trial that the first defendant and/or their servants or agents had constructed timber roads or feeder roads on the plaintiffs’ said NCR Land and therefore trespassing thereon causing extensive damages.

Bian said the plaintiffs amongst other things also claimed that there was no extinguishment of the plaintiffs’ NCR within the land covered by the said Timber Licence before the same was issued to the first defendant and/or no provision as to compensation in accordance with the Land Code of Sarawak, Forest Ordinance Sarawak and the Federal Constitution was ever made or paid to the Plaintiffs.

Therefore alienation of the said timber licence is unlawful, unconstitutional, and improper and therefore the plaintiffs said that the issuance of the timber licence was null and void.

Further, the plaintiffs argued that the said timber licence is subject to their NCR and therefore their NCR should prevail over the said Timber Licence.

The High Court Judge Puan Yew Jen Kie, handed down her judgment on Friday afternoon concurring with the plaintiffs’ claims, made the following orders:

· A declaration that the Plaintiffs had acquired and/or inherited Native title and/or Native Customary Rights (NCR) and/or usufructuary rights over the said NCR Land as claimed by the plaintiffs.

· A declaration that the first defendant and/or their servants or agents had trespassed upon the said NCR Land of the Plaintiffs.

· A declaration that the said timber licence T/3456, is subject to the plaintiffs’ said Native title and/or Native Customary Rights (NCR) and/or usufructuary rights over the said NCR Land.

The Court ordered that as a consequence order the area under the said timber licence No. T/3456, be rectified to exclude the area claimed by the plaintiffs as their native title and/or native customary rights and/or usufructuary rights land.

The Court also ordered that an injunction restraining the first defendant and/or its employees, servants and/or agents from trespassing, clearing, using or occupying the plaintiffs’ said NCR land.

The judge said that an order that the plaintiffs be given vacant possession of their said NCR Land and the first defendant and/or its employees, servants and/or agents to cease operations and remove all structures and their equipments or machineries from the Plaintiffs’ said NCR Land forthwith.

She said that the damages suffered by the plaintiffs be assessed by the Senior Assistant Registrar of the High Court.

Bian said that it is interesting to note that the plaintiffs went back into their history to prove their case. They claimed that they are the fifth generation of Ibans who occupied the said NCR Land since the time of their ancestors Luyoh Anak Rekan when Sarawak was still under the control of the Brunei Sultanate.

Some documentary proofs like Occupation Tickets issued in the 1930s to some of the Plaintiffs and their parents were evidences of legal occupation.

More recent proofs were the fact that the plaintiffs were compensated by the State Government due to the construction of a public road in 2001 across their NCR Land, Bian said.

The plaintiffs were represented by their Counsel Mr. Baru Bian of Messrs Baru Bian Advocates & Solicitors, Kuching, the first defendant Vita Hill Sdn Bhd by Puan Siti Norashidah Binti Dollah of Messrs Huang & Co., Sibu, and the second and third Defendants, who are the Director of Forests Sarawak and State Government of Sarawak respectively were represented by legal Officer Joseph Chioh Hock Hua.

Bian said: “We welcome this judgment and hope that it would inspire others to fight on to defend their NCR over land in Sarawak, notwithstanding the possibility that the Government of Sarawak may yet appeal against another judgment favouring the natives of Sarawak as in other cases won before this.

“If indeed the State Government and her present political leaders are true to their words of respecting NCR over land in Sarawak and the Court’s judgments as such as this, they should not appeal against this judgment.

“On the other hand, I wish to urge the natives of Sarawak to think really hard of taking the alternative and most effective means of resolving this NCR land issues vis-à-vis logging companies, plantation companies, quarry licences and dams constructions which had driven them to squatters and illegal occupiers status upon their own NCR land by voting for Pakatan Rakyat in the next General Election.

“This is because only a Pakatan Rakyat Government at the Federal and State level could understand the plight of the natives in Sarawak over their NCR land issues and has the political will to resolve it,” said Bian who is the assemblyman for Ba’Kelalan.