Kuching (Feb 1, 2012): Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum’s suggestion for the setting up of a Native Land Tribunal in Sabah has received the support of a well known Sarawak native customary rights (NCR) land lawyer, Baru Bian.
“The suggestion by the Chief Judge fortified our views of our support for the recent call by the Bar Council for a specialised Indigenous People’s Court to be established,” Baru said today.
“We in Sarawak also want the same court to be set up, not just in Sabah,” he said.
“Whether it is called the Indigenous People’s Court or the Native Land Tribunal, the important thing is that this forum should provide an appropriate process to investigate land claims brought by the natives of the land,” he said, referring to the recent suggestion by the Chief Judge at a symposium on Sabah Native Land Rights at Universiti Malaysia Sabah (UMS).
“ As pointed out by Malanjum, there are certain limitations to having such cases heard in Civil courts, such as the requirement of strict compliance with the Evidence Act, unfamiliarity of judges with native adat and culture, and lack of judges,” he said.
He added that the proposed Tribunal or Court should comprise of qualified individuals preferably standing on par with High Court judges.
“Of utmost importance is that they must be well-versed in the adat, customs and culture of the people.
“They must be given the power to hear cases which involve non-natives, unlike the current Native Court which does not have such power.
“Their remedial power must be equivalent to the High Court’s to grant injunctions and unlimited award and damages, which again is restricted in the current Native Court.
“The composition, ambit and procedure of the proposed Native Tribunal or Indigenous People’s Court are open for debate and discussion,” Baru, who is also the Sarawak PKR chief and State Assemblyman for Ba’Kelalan, stressed.
He added what is clear is that there is a pressing need for this specialised tribunal or court given the recent calls by various parties for its establishment.
“It is our hope that the Chief Justice will heed the calls and initiate steps to carry out the proposal,” he said.
No comments:
Post a Comment