KUCHING: The Federal Court’s decision to dismiss the review application by NCR land claimants Tuai Rumah (TR) Sandah and Siew Ak Libau against its own decision on Dec 21 2016 leaves the issue of whether Pemakai Menoa and Pulau Galau has the force of law, unanswered.
Sarawak PKR chairman Baru Bian said in a statement yesterday he was deeply disappointed with the decision of the Federal Court to dismiss the review application yesterday.
“Nevertheless, I fully respect the discretion given to the Court to make such a decision under the law. With the review dismissed, it means the issue which we hoped to clarify and determine, which is whether Pemakai Menua and Pulau Galau (NCR over land in Sarawak) has the force of law, remains unanswered,” he said.
Baru disclosed that a few NCR land dispute cases of similar nature to that of TR Sandah case had to be postponed due to the need for the much awaited decision in the review case.
“I am aware that a few cases on the same issue have been given leave by the Federal Court to be argued further but were postponed awaiting TR Sandah’s decision in the Federal Court.”
He is of the view that the Nor Anak Nyawai case which answered the question in the affirmative is still the law on this matter.
He said the dismissal of the review application also means that natives of Sarawak must continue to assert and claim their rights over NCR lands until another Federal Court case decides clearly that Nor Anak Nyawai case is overruled.
“Now that this decision to dismiss can be perceived as in fact having ‘no decision at all’ on the issues at hand, I hope that the pending cases be allowed to be ventilated fully before the Federal Court soon in order that a very clear decision be made.”
Baru viewed this is particularly urgent and necessary in the light of the dissenting judgment of Tan Sri David Wong who himself is a Sabahan.
“His Lordship not only dissented against the majority’s decision on the legal nature of the Review but also disagreed on the Federal Court’s decision in the Kerutum Case on the definition of a judge having a ‘Bornean experience’ when hearing appeals from the two Bornean States.”