The Sarawak state government has plunged headlong into a constitutional morass, by criticising the High Court on recent landmark rulings on Native Customary Rights (NCR) land.

In a press statement faxed to journalists on Feb 3, the Sarawak state government announced that it is appealing against the two High Court decisions delivered on Jan 21 in Kuching. The government also said that it has made an application for stay of execution and further proceedings of the two judgments.

ncr sarawak land dispute blockade in simunjan 020708 02 High Court Judge David Wong found for NCR landowners against the Sarawak government in Agi anak Bungkong and Others v Ladang Sawit Bintulu Sdn Bhd and 4 Others, and Mohd Rambli Kawi v Superintendent of Lands & Surveys, Kuching and the State Government of Sarawak.

The High Court decisions has opened the floodgates for further legal challenges against the Sarawak government by beleaguered NCR landowners.

Baru Bian and See Chee How, the lawyers representing Agi ak Bungkong and Mohd Rambli Kawi, have more than a hundred NCR cases pending against the Sarawak government and its business partners.

Government stung by setback

The state government has been stung by this judicial setback. The government now appears to have opened up a new front in its war to take over NCR lands: it is taking on the judiciary, as well as rural communities and NGOs.

In its press statement, the state government said the High Court "did not follow well established precedents" and berated the High Court for the "wrong application" of Article 153 of the Federal Constitution.

sarawak penan ncr land issue 270309 01 The state government called for the two judgments to be "critically reviewed" by the Appellate Courts. The government claims that Article 153, which provides for reservation of special rights and privileges for Malays and natives of Sabah and Sarawak, has no application to land and land rights.

"The government does not appear to be bothered that it faces criticism for trying to influence and pressure the High Court Judge who will be hearing the application for stay of execution and further proceedings of the judgments," said See.

Direct challenge to the judiciary

The state government's confrontational stand now poses a direct challenge to the courts. The Sarawak government reminded the judiciary, and civil society critics, that it has "a mandate from the people" to rule.

This press announcement appears to be an attempt to silence critics, and suppress increasing dissent among NCR landowners regarding the government's high-handed land acquisition policies for logging, oil palm and hydro-electric dams throughout Sarawak.

But the statement may backfire: it is likely to elicit even more local and international condemnation, and generate further unwanted publicity. The state government has now laid itself open to citation for contempt of court.

This may be the first salvo fired in a new constitutional showdown with the courts. The state Barisan Nasional government appears to have taken the High Court decision to be a challenge to the overwhelming power it has enjoyed in Sarawak for 47 years.

KERUAH USIT is a human rights activist - 'anak Sarawak, bangsa Malaysia'. This weekly column is an effort to provide a voice for marginalised Malaysians. Keruah Usit can be contacted at keruah_usit@yahoo.com.