KUCHING: PKR state chief Baru Bian yesterday welcomed the suggestion by Sarawak and Sabah Chief Justice Tan Sri Panglima Richard Malanjum that a Native Land Tribunal be set up in Sabah, and called for the same tribunal to be set up in Sarawak.
In a press statement made available yesterday, Baru said the statement made by Malanjum at a symposium on Sabah native land rights fortified the views expressed by PKR state leaders in their media release made on Jan 16, 2010.
“We expressed our support for the call by the Bar Council for a specialised Indigenous People’s Court to be established.” Baru said in the statement.
“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.
“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 further noted.
He added that the proposed tribunal or court should comprise qualified individuals, preferably standing on par with High Court judges.
He emphasised that it was of utmost importance that they 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,” Baru said.
He also said the composition, ambit and procedure of the proposed Native Tribunal or Indigenous People’s Court are open for debate and discussion.
“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,” Baru, who is also Ba Kelalan assemblyman, said.