The retired Federal Court judge says there should be at least two judges with experience in such matters to hear appeals coming from Sabah and Sarawak. FMTNews
PETALING JAYA: A retired judge has urged the governments of Sabah and Sarawak to convince Putrajaya to amend the Courts of Judicature Act to ensure that at least two judges with experience in matters concerning Borneo hear appeals coming from the states.
He was responding to the 4-1 majority Federal Court ruling yesterday rejecting a bid by Iban communities from two villages in Sarawak to review an earlier ruling that their native custom has no force of law in the state. However, Azahar said there was no reason to depart from the Federal Court decision in Keruntum Sdn Bhd vs Director of Forests & Ors, as decided in December 2017.
Wong, in his dissenting ruling yesterday, ordered that the appeals be reheard before another panel of judges, one of whom must be a judge with experience in Bornean judicial matters.“Indigenous peoples in the Borneo states have different customs and cultures alien to the people of Malaya. The differences must be acknowledged to ensure that their interests are protected,” Wong said.
He also suggested that the governments of Sabah and Sarawak amend their land ordinances to entrench the validity of the customary titles. He said the Sarawak Land Code, Tusun Tunggu , Iban Adat 1993 and a number of Rajah Orders recognised only cultivated land called “temuda” as native customary rights land.The judges ruled that the customs of “pemakai menoa” and “pulau galau” did not fall within the definition of law under Article 160 of the Federal Constitution.
Malaysia Latest News, Malaysia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Let Shia Muslims practise faith in private, says Penang muftiWan Salim Wan Mohd Noor says the controversy over the rights of Shia Muslims in Malaysia poses a dilemma to the government. FMTNews
Read more »
Who let the villains out? Duterte left red-facedMANILA: The early release of hundreds of convicted rapists, murderers and drug criminals has acutely embarrassed Philippines President Rodrigo Duterte, with his justice minister saying they were ineligible to be freed because of the severity of their crimes.
Read more »
Waythamoorthy to mediate Orang Seletar land case against Johor gov’t, PutrajayaThe 2012 case is currently being heard before the Court of Appeal.
Read more »
Umno dismisses Dr M's call for PAS to apologise over 'kafir' labelLet bygones be bygones, says Umno Youth chief Asyraf Wajdi Dusuki. FMTNews
Read more »
Court rejects Haniff's application to intervene in judicial misconduct suit | The Malaysian InsightLawyer failed to prove that a ruling on Sangeet Kaur's suit will affect him, says judge.
Read more »
Hearing of TTDI residents’ appeal over Taman Rimba Kiara project on Nov 22 | Malay MailPUTRAJAYA, Sept 10 ― Hearing of the appeal by Taman Tun Dr Ismail (TTDI) residents against the dismissal of their judicial review to challenge the development of a high-rise residential project in Taman Rimba Kiara has been rescheduled to Nov 22. The case had earlier been fixed for...
Read more »