Indigenous groups damning the construction of more dams in Sarawak

caption: The participants after attending the conference

MIRI, SARAWAK – About 150 indigenous representatives who are affected by the current and planned mega hydro dam projects in Sarawak together with local civil society organisations and indigenous peoples organisations and concerned individuals gathered for a conference in Miri, Sarawak from the 16 to 18 February, organised by the newly formed Save Rivers Network (SAVE Rivers).

The discussion in the conference centred on issues regarding the impacts of building mega-dams to the livelihoods of the affected communities as well as the adverse impacts it will create to the environment.

At the end of the conference, the participants issued a statement demanding that the government take the necessary steps to address the issues concerning them.

According to Peter Kallang, the Chairman of SAVE Rivers, “In the workshop discussions the participants unanimously expressed their clear intent to resolve these issues and continue the campaign until the demands are met.”

The participants of the conference strongly condemn the Sarawak State Government’s development plans to build an additional 12 dams after Batang Ai, Bakun and Bengoh dams. They strongly demand the State Government to scrap the said plans as well as the plans to bring in dirty industries to the state under the Sarawak Corridor of Renewable Energy (SCORE).

They are also demanding that all outstanding issues regarding the peoples affected by the dams which have already been constructed or currently under construction should be solved immediately.

The participants agreed in the conference that the government must respect the decision and the right of the people to disagree with the proposed dam projects as they are the ones directly affected.

There was a strong call to the government to promote viable energy generation alternatives which are people and environmental friendly such as micro-hydro, solar, wind and biomass.

The participants demanded that destructive activities caused by logging, plantation and infrastructure activities within the water catchment areas of all the river system in Sarawak should cease.

All the participants also agreed that the government should at the very least conduct a referendum after a full and free consultation among the peoples affected by the proposed dams.

The speakers at the conference were a Malaysian Human Rights commissioner  Detta Samen, Gurmit Singh from the Centre for Environment, Technology and Development, Malaysia (CETDEM), Edmund Bon who is a lawyer and formally in the Bar Council’s Human Rights Committee, Dr. Andrew Aeria from the Faculty of Social Science at Universiti Malaysia Sarawak (UNIMAS), Adrian Lasimbang from the Indigenous Peoples’ Network of Malaysia (JOAS), Dr. Ting Chek Ming who is a senior lecturer in Universiti Selangor (UNISEL), Kirk Herbertson from International Rivers and Cynthia Ong from Green Surf.

The indigenous communities include the Kayans, Kenyahs, Kajangs, Kelabits, Lun Bawangs, Ibans, Penans, Bidayuhs, Kedayans, Trings and Ukits.

SAVE Rivers is a network of civil society organisations, community based organisations and associations and individuals who are concerned about the issue of mega dams construction in the state which will affect a large group of indigenous peoples and the environment.

National Language Act cannot be enforced in Sarawak, says Baru Bian

ARTICLE 152 FEDERAL CONSTITUTION AND THE RELEVANCE OF THE NATIONAL LANGUAGE POLICY IN SARAWAK

I refer to the proposed audit by the Dewan Bahasa dan Pustaka to assess the usage of Bahasa Malaysia as the official language in government departments, agencies and ministries. This was reported in yesterday’s newspapers.

With regard to the first principle of the audit, i.e the extent of compliance with the National Language policy, I wish to point out that Sarawak is in a special position in that English remains one of the official languages here and that we are not bound to adhere to the National Language Act 1963/1967 which requires that Bahasa Malaysia be used for official purposes.

Our oft-forgotten 18-point agreement with Malaya provides particular protection for the use of the English language for Sabah (North Borneo) and Sarawak:

a. Malay should be the national language of the Federation;

b. English should continue to be used for a period of 10 years after Malaysia Day; and

c. English should be an official language of Borneo (Sarawak & Sabah) for all purposes, State or Federal, without limitation of time.

Article 152 of the Federal Constitution, which was commemorated at the 152 Language Day at DPN Sarawak on 15 February 2012, states that Malay language is the national language but everybody is free to learn and use other languages except on official purposes such as any purpose as regards to the government, federal or state and any purpose of a public authority. All court proceedings, parliamentary documents and meetings must be conducted in Malay language.

It may be well and good that the Dewan Bahasa dan Pusaka had decided to single out Art 152 for commemoration but it must be borne in mind that for Sabah and Sarawak, Article 152 cannot be read in isolation from Art 161 in Part XIIA ‘Additional Protection for States of Sabah and Sarawak’.

Article 161 provides that ‘… no act of Parliament terminating or restricting the use of the English language… shall come into operation… until the Act or relevant provision of it has been approved by an enactment of the Legislature of that State.’ This exemption preserves for Sabah and Sarawak the use of English in the Courts, the Legislative Assembly or for other official purposes (including the official purposes of the Federal Government). [ Art 161 (2)(b) & (c)]. 

In Sarawak, the National Language Act 1963/1967 has not been approved by an enactment by the Sarawak State Assembly and hence its provisions do not apply in here. Therefore it is not mandatory that Bahasa Malaysia should be the only language used in our government departments and ministries, even for purposes of the Federal Government.

In fact, Art 161(5) of the Federal Constitution provides that notwithstanding anything in Article 152, in the State of Sabah or Sarawak a native language in current use in the State may be used in native courts or for any code of native law and custom, and in the case of Sarawak, until otherwise provided by enactment of the Legislature, may be used by a member addressing the Legislative Assembly or any committee thereof.

Similarly, Art 26 (8) of the Sarawak Constitution provides that ‘For a period of 10 years and thereafter until the Legislature by law otherwise provides, all proceedings in the Dewan may be in the English language, and subject to the standing orders of the Dewan Undangan Negeri, members may use any native language in addressing the Dewan.

Having set out the Constitutional and legislative provisions regarding the use of English and Bahasa Malaysia in Sarawak, let me state that I am not against the use of Bahasa Malaysia in Sarawak. What concerns me is that Sarawakians must know, understand and appreciate the uniqueness of our State and her people, and the efforts made by our forefathers to protect and safeguard this uniqueness.

We have a particular richness in language and culture from our various ethnic groups, and we must value and maintain this heritage. Our past leaders made special provisions in the 18-point agreement to protect our rights in recognition of the fact that even in our diversity, we had an established sense of identity before joining the Federation of Malaysia.

The safeguards were formulated to enable us to retain this sense of identity and to continue "to ensure that our beloved subjects shall ultimately enjoy their inherent right to control their own lives and destinies" as proclaimed by Sir Charles Vyner Brooke in the first clause of Sarawak's first written constitution in 1941.  

These safeguards include the freedom to conduct our business in English, Bahasa Malaysia, Chinese and the native dialects. Sarawakians have always taken pride in our command of the English language, and we must continue to maintain this mastery for the sake of the future generations. The English language is a language which opens up the global world to us.

It is the language of learning, and enables us to take our place in the world scene, whether it be in business, academia, the arts, diplomacy, research, science etc. It would be a great shame and a disservice for us and the future generations of Sarawakians to disown or neglect a language which has served us so well.

We note the Federal Government’s desire to promote the use of Bahasa Malaysia. However, all parties involved must be aware of the constitutional rights and the special position of Sabah and Sarawak.

By defending our rights, I am by no means advocating a regression into the past – I am simply calling for recognition of the uniqueness of our ethnic and religious mix and encouraging the various ethnic groups to embrace their heritage and celebrate their differences.

Once a culture is lost, there is no easy way of regaining it.

Whilst I do not agree with the first principle of the proposed audit, I wholeheartedly support the implementation of the second principle, i.e to improve language quality. In the words of the DG Dr Awang Sariyan, we need to make the effort to improve our language skills particularly to check ‘… whether there are still spelling and grammar mistakes in written documents, or when spoken whether the intonation, pronunciation and choice of words are correct.’

I cannot agree more – whether it is Bahasa Malaysia or English, standards must be maintained. It is regrettable to note that the proficiency of the younger generations in the English language has dropped, and there is a need to arrest and reverse this decline.

I have heard the case of a teacher teaching her students to pronounce ‘cucumber’ as ‘chu-chum-ber’, a boy pronouncing ‘sometimes’ as ‘so-may-tee-mez’ and a bank officer addressing a customer James as ‘Jah-mez’. These may be extreme examples but they are all real incidences.

Let us not promote one particular language to the exclusion of the others. Mastery of multiple languages is the key to education and to progress and development in this increasingly borderless world.

We would be taking a myopic view to restrict the use of other languages in our workplace and in our lives.  Sarawak does not prescribe to one particular language as her official language and we are proud of that fact.

Baru Bian

State Assemblyman

N70 Ba’ Kelalan/

Chairman

PKR Sarawak

BN information chief: The allegations of corruption against Taib have no proofs

BN information bureau chief Datuk Ahmad Maslan –media personnel dialogue at Pullman Hotel on Feb 17, 2012.

Ahmad, in his address, stated the 13^th General Election (GE13) would be held before April 2013. It is a matter of timing. If parliament is not dissolved by April next year, it will automatically be dissolved upon the expiry of the current term.

He said the BN’s preparation is on the 5^th gear. “Once parliament is dissolved, the election machinery will be reactivated. In the meantime, we have to go to the ground as regular as possible,” he said.

Ahmad stated that the current term of parliament will be in its fourth year on March 8, 2012 since after the GE12 and on April 3, 2012,  Datuk Seri Najib will be celebrating his third anniversary as Prime Minister.

“The Prime Minister will consider calling for the general election only if the BN is confident of winning two-thirds majority in parliament. But we have to work hard to achieve that, and with the efforts that we have made, we are confident of winning the GE13,” he said.

Ahmad said based on past experience and history, the next general election would normally be held after four years from the date of the last general election.

“The elections have been held after four years and one month, four years and three months.

“But we hardly ever holding our general election on the fifth year,” he said.

On the issue of NFC Sdn Bhd,  Ahmad admitted that it is a hot issue at the moment.

“Personally, I feel that there is no need for Datuk Shahrizat Abdul Jalil to resign as the Minister of Women, Family and Community Development and Umno Wanita chief.

“Datin Seri Dr Azizah Wan Ismail did not resign when her husband Datuk Seri Anwar Ibrahim was jailed before for sodomy.

“But why should Shahrizat resign when her husband has not been brought to court and that investigation into the NFC allegations has not completed yet,” Ahmad said.

He said the views expressed by Dr Mahathir Mohamad and Datuk Nazri Aziz on Shahrizat were their personal views and not that of Umno or the government.

In any case, he said DPM Tan Sri Muhyiddin Yassin has already stated that there is no need for her to quit her cabinet post and as Umno Wanita chief.

Ahmad said Shahrizat does not own shares in NFC and she is not involved in its management.

He, however, admitted that it is very difficult for the government and Umno leaders to answer the perceptions and allegations by the Opposition on Shahrizat.

“This is our big challenges facing us now. It is a different matter if the investigation on NFC has been completed and her husband charged and convicted in court,” he said.

On the Chinese voters, Ahmad said the Chinese community has always been supportive of the Barisan, with the exception of the 2008 general election.

“But we are confident that they will support the BN in the coming election.

“The Chinese community should know the benefits of supporting the Barisan because they want stability and peace.

“They know which party can ensure peace and stability in the country,” he said.

Ahmad said he personally feels that the Chinese are a rational community.

“They are basically the business community, hence they want political stability.

“We are sure that the Chinese are rational when it comes to the general election by supporting the Barisan.

“We consider all the communities as the determining factors in the election. The votes from each community are as important, and that no one community can decide the outcome of the election,” he said.

A reporter, with a mainstream paper, took to the mike and asked Ahmad for his comments on a statement by Minister in the Prime Minister’s Department Datuk Seri Idris Jala that Malaysia could become a bankrupt by 2019 if the government continues to give subsidies and that Jala’s statement seemed to be reinforced with the national debts ballooning to RM450 billion under Najib. The reporter also asked him to comment on claims that the government is not serious about wiping corruption. What see are only small fish, not the sharks, being charged in court.

Ahmad likened  the questions to those which have raised by the Opposition.

He asserted that Jala’s statement was his personal opinion and not that of the federal government.

“Malaysia will not go bankrupt because 90 per cent of the debts are from domestic borrowings. If we borrow heavily  from foreign sources, then we will be in deep trouble.

“Moreover,  the country is only paying 5 to 6 per cent of its gross domestic products (GDP) to service the debts. We can go bankrupt if we have to use 30 to 40 per cent of the GDP to service the debts,” he explained.

He admitted that the government gives out huge amount of subsidies, both direct and indirect. The government gives direct subsidies on sugar and Ron95 petrol and indirect subsidies on education and infrastructures.

“It is not a problem for the government to continue with the subsidies because our incomes have increased. It is a different matter if our incomes have decreased while the total amount of subsidies has increased,” he explained.

Ahmad explained that the officers at the Finance Ministry were doing a good job in preparation the national budgets and financial planning for the country.

“They are hardly being transferred to elsewhere so they have much experience in the finance ministry,” he said.

On corruption, Ahmad denied that only small fish are brought to court.

“We can see that sharks like Ling Liong Sik, Khir Toyo and others, have been charged for alleged corruption,” he said.

An editor with a local newspaper asked Ahmad to comment on the formation of Barisan Nasional Club by five wakil rakyat, who have been sacked from SPDP, last year.

He said its formation must be approved by the BN leadership and that each component party of the Barisan Nasional must reach a consensus.

“If all the parties agree, then there is no problem. The final approval, however, is left to the top BN leadership.

“It is the same with individuals and friendly organisations who want to apply to be direct members.

“There is wisdom there for direct membership from friends of the Barisan,” he said.

A reporter with a mainstream paper stood up and said that the Opposition has have been hurling all kinds of allegations against the chief minister. He asked Ahmad whether the CM is a liability for BN in the urban centres in view of the fact that the BN lost heavily in the urban centres in the April 16,2011 state election?

Ahmad said he is very much aware of the allegations. Whether there are basis for the allegations, there must be proofs of corruption.

“I know the member for Bandar Kuching (Chong Chieng Jen) has been saying the allegations in parliament all this while.

“There must be proofs of corruption in court, otherwise, don’t accuse the chief minister.

“The MACC will not charge anyone in court without proofs. The MACC has not charged him (CM) in court, so there is no proof,” he said.

On whether Umno would come to Sarawak, Ahmad, who is also the Umno information chief, said:”For now, as the prime minister had stated before, Umno will not go to Sarawak.

“But I cannot predict what will happen in future, says 10 or 15 years from now,” he said.

Ends

The Court saves the Salakao Dayak NCR landowners from the Taib regime

Note: An interlocutory injunction has been granted by High Court Judge Datuk Rhodzariah Bujang this morning (Feb 17, 2012) against Entrep Resources and LYH Everwin Oil Palm Plantations (S) Sdn Bhd.

MALAYSIA

IN THE HIGH COURT IN SABAH AND SARAWAK AT KUCHING

SUIT NO:___________________________   

BETWEEN

1.         BINGLAI ANAK BUASSAN                    [WNKP. 430401-13-5353]

2.         UNGGAK ANAK BANTING                   [WNKP. 450323-13-5355]

3.         BUNGKA ANAK KALOM                        [WNKP. 400222-13-5094]

4.         JIMI ANAK NAWI                                      [WNKP. 320924-13-5101]

5.         DIAH ANAK SINGKUN                           [WNKP. 530215-13-5104]

6.         ASMARA ANAK LASOR                         [WNKP. 530919-13-5356]

7.         SAIMAH ANAK LAMIT                           [WNKP. 440525-13-5100]

8.         NOHIN ANAK APAT                                [WNKP. 570316-13-5599]

9.         JUIL ANAK ALI                                          [WNKP. 641127-13-5309]

10.       MINTIAN ANAK OLOT                           [WNKP. 640227-13-5299]

[Suing on behalf of themselves and other proprietors, occupiers, holders and claimants of Native Customary Rights (NCR) land surrounding Kampung Sebat Dayak and Kampung Siru Dayak, situated at Sematan, 94500 Lundu, Sarawak.]                                                                                                                …Plaintiffs

AND

1.         ENTREP RESOURCES SDN. BHD. (546975-M)

            2^nd Floor, Lot 3083, Block 10,

            Wisma Ng Aik Oh, Jalan Rock,

            93250 Kuching,

            Sarawak.

2.         SUPERINTENDENT OF LAND AND SURVEY,

            KUCHING DIVISION

3.         THE STATE GOVERNMENT OF SARAWAK                                

4.         LYH EVERWIN OIL PALM PLANTATIONS (S) SDN BHD (782721-P)

            No. 5C, 1^st Floor, Jalan Lanang,

            Sibu, Sarawak.                                                                                            …Defendants

EX- PARTE SUMMONS IN CHAMBERS

[Order 29 Rule 1(1) RHC 1980]

LET ALL PARTIES CONCERNED attend before the Judge in Chambers on the …………… day of ……………………………… 2011, at ………………………m on the hearing of an application by the Plaintiffs, upon the Plaintiffs’ undertaking to abide by any order that Court or Judge may make as to damages in the case the Court or the Judge should hereafter be of the opinion that the 1^st Defendant shall have sustained any loss or damage by reason of the order to be made herein which the Plaintiffs ought to pay, for:

(a)        An injunction to be issued to restrain the 1^st and/or 4^th Defendant, whether by themselves or by its servants or agents or otherwise, from commencing any ground works or activities, including trespassing, clearing, constructing, planting, surveying, or occupying the area referred to an/or edged in Red in the locality map marked as exhibit “M” and annexed to the Statement of Claim filed in this Court (a copy is also annexed herein) ( hereinafter referred as the “said NCR Land”).

 (b)      An interim order to be issued on the 1^st and/or 4^th Defendant to remove all machinery and personnel from the said NCR Land;

(c)        Such other or further interim order/s or relief/s that the Court deems just and necessary pending the outcome of this action; and

(d)       Costs of this application.

The grounds of this application are as follows:

i.          That the Plaintiffs’ claim is based on Native Customary Right which requires evidences to be adduced at a proper trial of this case and cannot be disposed of by affidavit and documents only;

ii.         that from the relevant documents to date as stated in the Statement of Claim filed herein, the Plaintiffs in all probability would succeed in their claims for NCR upon the said parcels of provisional leases;

iii.       or as stated in the Affidavit of Binglai anak Buassan (WN.KP. 430401-13-5353) and Rabin anak Putung (WN.KP. 650122-13-5291) filed in support of this application.

Dated this ……………… day of ……………………………… 2011

……………………………………………………………

Senior Assistant Registrar

High Court, Kuching

This Summons in Chambers is filed by Messrs Baru Bian, Advocates & Solicitors for the Plaintiffs whose address of service is at No. 6, 2^nd Floor, Lot 5430, Block G, RH Plaza, Jalan Lapangan Terbang, 93350 Kuching, Sarawak

MALAYSIA

IN THE HIGH COURT IN SABAH AND SARAWAK AT KUCHING

SUIT NO:___________________________   

BETWEEN

1.         BINGLAI ANAK BUASSAN                    [WNKP. 430401-13-5353]

2.         UNGGAK ANAK BANTING                   [WNKP. 450323-13-5355]

3.         BUNGKA ANAK KALOM                        [WNKP. 400222-13-5094]

4.         JIMI ANAK NAWI                                      [WNKP. 320924-13-5101]

5.         DIAH ANAK SINGKUN                           [WNKP. 530215-13-5104]

6.         ASMARA ANAK LASOR                         [WNKP. 530919-13-5356]

7.         SAIMAH ANAK LAMIT                           [WNKP. 440525-13-5100]

8.         NOHIN ANAK APAT                                [WNKP. 570316-13-5599]

9.         JUIL ANAK ALI                                          [WNKP. 641127-13-5309]

10.       MINTIAN ANAK OLOT                           [WNKP. 640227-13-5299]

[Suing on behalf of themselves and other proprietors, occupiers, holders and claimants of Native Customary Rights (NCR) land surrounding Kampung Sebat Dayak and Kampung Siru Dayak, situated at Sematan, 94500 Lundu, Sarawak.]                                                                                                                …Plaintiffs

AND

1.         ENTREP RESOURCES SDN. BHD. (546975-M)

            2^nd Floor, Lot 3083, Block 10,

            Wisma Ng Aik Oh, Jalan Rock,

            93250 Kuching,

            Sarawak.

2.         SUPERINTENDENT OF LAND AND SURVEY,

            KUCHING DIVISION

3.         THE STATE GOVERNMENT OF SARAWAK                                

4.         LYH EVERWIN OIL PALM PLANTATIONS (S) SDN BHD (782721-P)

            No. 5C, 1^st Floor, Jalan Lanang,

            Sibu, Sarawak.                                                                                            …Defendants

AFFIDAVIT IN SUPPORT

I, Binglai anak Buassan (WN.KP. 430401-13-5353) a Malaysian citizen of full age and now residing at Kampung Sebat Dayak, Sematan, 94500 Lundu, Sarawak do hereby solemnly and sincerely affirm and say as follows:

1.         That I am the 1^st Plaintiff in the above suit. The facts deposed herein are within my personal knowledge, information and belief and/or have been obtained from documents kept in our Advocates’ office, Messrs Baru Bian Advocates & Solicitors. I depose the facts for and on behalf of all the Plaintiffs.

2.         A Writ of Summons has been filed in the High Court In Sabah and Sarawak at Kuching on 25.10.2011 for the Court to determine the issue of the Native Customary Rights Land on the area referred to and/or edged in Red in the locality map marked as exhibit “M” and annexed to the Statement of Claim filed together with the Writ of Summons (the “said NCR Land”).

3.         In late August 2011, I discovered that the 1^st and/or 4^th Defendant and/or their employees, servants, or agents, or contractors had trespassed into the said NCR Land. The 1^st and/or 4^th Defendants built their workers’ hut on the Plaintiffs’ NCR Land.  The 1^st and/or the 4^th Defendant and/or his agents or servants had brought in their machineries into the said NCR Land and started clearing our tanah jerami (farm) which we have planted with oil palm trees and fruit trees. Some of the oil palm trees and fruit trees that are ready for harvest were already destroyed by the 1^st and/or 4^th Defendants.

4.         On or about the 20^th of September 2011, the 1^st Defendant invited three of the representative of Kampung Siru Dayak and Kampung Sebat Dayak for a “dialogue session” with the company representative, Mr. Sim Kuang Bak. In the dialogue session, the 1^st Defendant repeatedly wanted to buy over the Plaintiffs’ NCR Land. However, the Plaintiffs objected and stated that they will not sell their NCR Land to the 1^st Defendant. However, the 1^st Defendant continuously repeated that the said Land belongs to him as the said Lease was granted to the 1^st Defendant by the 2^nd Defendant. The 1^st Defendant has also stated that the 1^st Defendant will continue to do their clearing work in the said Land on the next day.

5.         In the same meeting, the 1^st Defendant promised that the 1^st Defendant will still go into the said NCR Land but they will not disturb the area which has been planted by the Plaintiffs.

6.         However, on the 07.10.2011, we found out that the 1^st Defendant and/or their agents and/or representative continue to clear the Plaintiffs’ tanah jerami (farmland).

7.         On 10.10.2011, the Plaintiffs represented by me and four other representatives were asked to meet with the Penolong Pegawai Tadbir Kawasan Lundu, Harry Don Bosco (hereinafter referred to as “Harry”) and the 1^st Defendant’s representative at the Lundu District Office. In the meeting, we were informed by Harry that the 2^nd Defendant has issued a Lease of State Land more specifically known as all that parcel of land situate at Lot 1014 Block 8 of Pueh Land District containing approximately 412.7 hectares of land (hereinafter referred to as “the said Lease”) to the 1^st Defendant without the Plaintiffs’ knowledge and/or consent.  Harry demanded the Plaintiffs to prove our NCR over the said land by 17.10.2011 or else Harry would allow the 1^st Defendant to commence work on the said Land.

8.         On the 18.10.2011, I lodged a police report against the trespass by the 1^st and/or 4^th Defendant at the Lundu Police Station. In the said police report, I have also stated that I will bring the matter to be determined by the Honourable Court. A copy of the Police Report No. Semantan/000260/11 is exhibited herewith and marked as “BB-1”.

9.         I have also lodged a police report on the 18.10.2011 against the 1^st Defendant for trespassing into my land and the Plaintiffs’ land by clearing our NCR land. The Plaintiffs’ rubber trees and coconut trees have been totally destroyed because of the clearing by the 1^st Defendant. A copy of the Police Report No. Semantan/000259/11 is exhibited herewith and marked as “BB-2”.

10.       The Plaintiffs’ ancestors have created and/or acquired and/or inherited their rights, interests and title over their respective parcels of NCR Land and have never abandoned the said NCR Land.

11.       The 3^rd Defendant and/or their predecessors have always recognised the Plaintiffs native customary rights over the said Land. Even before 1958, the Plaintiffs’ ancestors were granted with rubber tickets and copper plates to encourage the Plaintiffs’ ancestors to plant cash crop and cultivate rubber planting. The copper plates no. “I 837”, “I 1581” and “I 795” belonging to the Plaintiffs is exhibited herewith and marked as “BB-3”, “BB-4” and “BB-5”. The Identity Card of Owner of Rubber Holding No. I.1580 is exhibited herewith and marked as “BB-6”.

12.       I crave leave of this Honourable Court to refer to the Print-out of Title dated 14.10.2011 for the Lot 1014 Block 8 Pueh Land District and the special conditions stated therein. Special condition numbered viii stated that “No transfer affecting this land may be affected without the consent in writing of the Minister for the time being responsible for land”. A copy of the said Print-out of Title dated 14.10.2011 is annexed hereto and marked as Exhibit “BB-7”.

13.       I am advised by my counsels and I verily believed that transfers affecting the said land had been carried out illegally and without the consent in writing of the Minister for the time being and or at any material time responsible for land, the particulars are as follows:

Particulars of Improper and or Illegal Transfers affecting the Land

a)         Entrep Resources Sdn Bhd (Co. No. 546975-M) with it registered address at 2nd Floor, Lot 2083 Block 10, Wisma Ng Aik Oh, Jalan Rock, 93250 Kuching, Sarawak and a business address at Lot 157, Block 45, 8.5 Mile Jalan Batu Kitang, 93250 Kuching, Sarawak, is the registered holder of the Provisional Lease of State Land Lot 736 Block 8 Pueh Land District, containing approximately 430 ha, issued on 13.05.2004.

b)         The Provisional Lease was changed to Lease of State Land Lot 1014 Block 8 Pueh Land District, containing approximately 412.70 ha, registered on 14.10.2009.

c)         The shareholder or holding company of Entrep Resources is Sakura Healthy Food Sdn Bhd (Co. No. 821210-D) was formerly known as Greenworld Nursery Sdn Bhd.

d)        The change of name was effected on 12.04.2011 by the lodgment of a Notice of Resolution dated 08.04.2011 and signed by a Director named Chai Hon Leong. The said Notice of Resolution dated 08.04.2011 is annexed hereto and marked as Exhibit “BB-8”.

e)         However, the company Greenworld Nursery Sdn Bhd, on 23.02.2011, had entered into a sale and purchase agreement with allegedly certain Purchasers, namely: 1) Apollo Inter Sdn Bhd (Co No 894271-D), 2) Moh Seng Plantation Sdn Bhd (Co. No. 931473-A), 3) Kaosheng Properties Sdn Bhd (Co. No. 735273-T) [all represented to have the same address at No. 46, 1^st Floor, Jalan Arab, 84000 Johor], and 4) Poh Kim Wan (NRIC No. 490725-04-5455) of 157, Jalan Biru Muda, Taman Pelangi, 80400 Johor Bahru, for 100% of issued and paid-up capital of Entrep Resources Sdn Bhd.

f)          The said purported sale and purchase agreement dated 23.02.2011 was revealed by the 4^th Defendant named herein when it was shown to me and the other Plaintiffs an agreement entered into between the purchasers and “Arrangers”  dated 03.05.2011, the said “Arrangers’ Agreement” of which was stamped with the Inland Revenue on 16.06.2011. The Plaintiffs had used a handphone and or mobile telephone to take images of most portions of the purported “Arrangers’ Agreement”, a copy of which is annexed hereto and marked as Exhibit “BB-9”.

g)         But the aforesaid purported change of shareholdings is not reflected in the Suruhanjaya Syarikat Malaysia (Companies Commission of Malaysia) records, registered as at 01.07.2011, printed on 13.10.2011, a copy of which is annexed hereto and marked as Exhibit “BB-10”.

h)         Myself and the Plaintiffs have made inquiries with the District Office in Lundu. We were informed and we verily believed that there was no written consent of the Minister for the time being and or at any material time responsible for land, to affect the transfer of this Land.

14.       I am advised and I verily believe that the purported sale and purchase agreement dated 23.02.2011 and the purported “Arrangers’ Agreement” dated 03.05.2011 are illegal, null and void and of no legal effect and it is illegal and unlawful for the “Purchasers” or purported new shareholders named in the purported sale and purchase agreement dated 23.02.2011 and the purported “Arrangers’ Agreement” dated 03.05.2011 to appoint the aforesaid 4^th Defendant to do clearance work on the Plaintiffs’ said native customary rights land.

15.       Further, and or in the alternative, the aforesaid 4^th Defendant is not clothe with legal and proper authority to do clearance work on the Plaintiffs’ said native customary rights land and hence its land clearing work should rightly be stopped and or injuncted.

16.       Further and in addition, I am advised and I verily believe that the commencement of the work on this Land is in contravention of another special condition stipulated in the Print-out of Title dated 14.10.2011 for the Lot 1014 Block 8 Pueh Land District, i.e. Special Condition (vii) which stated that “The proprietor is required under the Natural Resources and Environment (Prescribed Activities) Order 1994 to undertake an Environmental Impact Assessment Study on the area prior to project implementation …”.

17.       At our meeting with the proprietors, their employees servants and or representatives of the 1^st and 4^th Defendants at the Lundu Police Station on 22.10.2011, they failed to produce the Environmental Impact Assessment Study and by their own admission, no Environmental Impact Assessment Study had been undertaken and completed affecting the said Land.

18.       I am advised and I verily believe that if an Environmental Impact Assessment Study was undertaken and completed, it would have been shown in the section of social impact studies that the villagers from our Kampung Sebat Dayak and Kampung Siru Dayak, together with the villagers from Kampung Pueh, Kampung Sebat Melayu and Kampung Siru Melayu are having native customary rights over the disputed land.

19.       The Plaintiff further claims that they have created and/or acquired and/or inherited their rights, interests and title over their respective parcels of NCR Land by virtue of and under the principle of common law, which is applicable to the natives of Sarawak.

20.       The Plaintiffs’ NCR over the said Land is recognised by the Sarawak Land Code (Cap. 81) and/or its predecessors and the said NCR was created and/or acquired prior to the 1^st day of January 1958 and still subsist as such.

21.       Further, it is the Plaintiff’s belief that if the 1^st and/or 4^th Defendants are allowed to continue clearing works on the said disputed lands, many physical evidences on the Plaintiff’s claims of NCR would be destroyed in the process, thus detrimental to the Plaintiffs pending the trial. These evidences are like the kind of trees, bushes and/or crops, ground features proving the Plaintiffs’ occupation of these lands which are crucial in NCR claims. As such the 1^st and/or 4^th Defendants must be stopped at all costs from continuing their works in the disputed areas referred in the statement of claim.

22.       The Plaintiffs do admit that they are not people of means having the monies to pay the 1^st and/or 4^th Defendants any costs in the event the 1^st and/or 4^th Defendants wins in the main suit should injunction is granted in the Plaintiffs’ favour, but i have been advised by our lawyer, Mr. See Chee How that, this factor alone is not a barrier for this honourable court from exercising its discretion to grant injunction. The court should see the justice of the case and/or the balance of convenience in this case.

23.       In the premises, I hereby pray for order in terms of this application.

AFFIRMED on the ..….. day of …………….. 2011          )

at Kuching through the interpretation of …………        )

………………………………………………………...         )

[WNKP ……………………………………………… ]       )

the said ……………………………………………....         )

having first sworn that he had truly, distinctly and       )

audibly translated the contents of this affidavit in         )

the Bidayuh language to the deponent                            )

BINGLAI ANAK BUASSAN                                            )

(WN.KP. 430401-13-5353) that he would truly                )

interpret the affirmation about to be administered        )

unto him the said BINGLAI ANAK BUASSAN            ) …………………………………

.................................................

Interpreter

Before me,

…………………………………………………

Commissioner for Oath

This Affidavit is filed by Messrs Baru Bian, Advocates & Solicitors for the Plaintiffs whose address of service is at No. 6, 2^nd Floor, Lot 5430, Block G, RH Plaza,

Jalan Lapangan Terbang, 93350 Kuching, Sarawak.

MALAYSIA

IN THE HIGH COURT IN SABAH AND SARAWAK AT KUCHING

SUIT NO:___________________________   

BETWEEN

1.         BINGLAI ANAK BUASSAN                    [WNKP. 430401-13-5353]

2.         UNGGAK ANAK BANTING                   [WNKP. 450323-13-5355]

3.         BUNGKA ANAK KALOM                        [WNKP. 400222-13-5094]

4.         JIMI ANAK NAWI                                      [WNKP. 320924-13-5101]

5.         DIAH ANAK SINGKUN                           [WNKP. 530215-13-5104]

6.         ASMARA ANAK LASOR                         [WNKP. 530919-13-5356]

7.         SAIMAH ANAK LAMIT                           [WNKP. 440525-13-5100]

8.         NOHIN ANAK APAT                                [WNKP. 570316-13-5599]

9.         JUIL ANAK ALI                                          [WNKP. 641127-13-5309]

10.       MINTIAN ANAK OLOT                           [WNKP. 640227-13-5299]

[Suing on behalf of themselves and other proprietors, occupiers, holders and claimants of Native Customary Rights (NCR) land surrounding Kampung Sebat Dayak and Kampung Siru Dayak, situated at Sematan, 94500 Lundu, Sarawak.]                                                                                                                …Plaintiffs

AND

1.         ENTREP RESOURCES SDN. BHD. (546975-M)

            2^nd Floor, Lot 3083, Block 10,

            Wisma Ng Aik Oh, Jalan Rock,

            93250 Kuching,

            Sarawak.

2.         SUPERINTENDENT OF LAND AND SURVEY,

            KUCHING DIVISION

3.         THE STATE GOVERNMENT OF SARAWAK                                

4.         LYH EVERWIN OIL PALM PLANTATIONS (S) SDN BHD (782721-P)

            No. 5C, 1^st Floor, Jalan Lanang,

            Sibu, Sarawak.                                                                                            …Defendants

CERTIFICATE IDENTIFYING EXHIBITS

I HEREBY certify that this is the exhibit marked “BB-1”, “BB-2”, “BB-3”, “BB-4”, “BB-5”, “BB-6”, “BB-7”, “BB-8”, “BB-9”, and “BB-10” referred to in the affidavit of Binglai anak Buassan (WN.KP. 430401-13-5353) affirmed before me on the .......... day of ............................. 2011.

.........................................................

Commissioner for Oaths