KOTA KINABALU: The High Court will decide on Dec 9 whether a lawsuit by villagers of remote Kampung Sonsogon Makatol Darat in Kota Marudu, Sabah, over alleged decades of neglect will proceed to trial.
Judicial Commissioner Ratanah Devi Yusof Perumal fixed the date after hearing submissions from lawyers for the villagers and the Sabah Attorney-General’s Chambers.
The suit was filed by Jaikon Majumban and Jaripi Ompok on behalf of themselves and other villagers against Tandek assemblyman Datuk Hendrus Anding, Chief Minister Datuk Seri Hajiji Noor, the Office of the Chief Minister, the Sabah Government and the Federal Government.
The villagers, living 2.5 hours by car from here, allege they have long been deprived of basic infrastructure and services, including road access, electricity, clean water, healthcare, telecommunications and a bridge.
They are also seeking recognition of native customary rights (NCR) over ancestral land within the Lingkabau Forest Reserve, which they claim their community occupied before the formation of Malaysia.
According to court filings, villagers have to walk about five hours to reach the nearest road, while the nearest government clinic is about eight hours away.
They also claim children take a full day to reach SK Magandai and have to live away from their families during the school term.
The villagers say they rely on rivers and streams for water, have no electricity supply and can be cut off when river levels rise because there is no bridge linking the village to surrounding areas.
They further claim that a permit over land they regard as customary territory was granted to Azam Surianiaga Sdn Bhd on May 10, 2023, without consultation or compensation.
They are seeking declarations that the defendants breached fiduciary duties owed to Sabah natives, recognition and registration of their NCR land, and orders for the authorities to formulate plans for essential infrastructure.
The state Attorney-General’s Chambers, representing the first four defendants, has denied the claims and applied to strike out the suit.
The state argues that the federal constitution, state constitution, Inter-Governmental Committee Report, common law and equity do not impose the fiduciary obligations alleged by the villagers.
It also contends that election promises and development aspirations are not legally enforceable, that NCR claims should be pursued under the Sabah Land Ordinance, and that infrastructure priorities and public spending are matters of government policy.
Lawyers for the villagers oppose the application, arguing that the case raises substantial legal and constitutional issues that can only be determined after evidence is examined at trial.
They also argue that the defendants have not challenged the factual allegations over conditions in the village.
The villagers are relying in part on the landmark Sagong Tasi case, which they say recognised the state’s fiduciary responsibilities towards indigenous communities in matters involving customary land rights.
As an alternative to striking out the suit, they have sought leave to amend their pleadings and indicated they are willing to add Azam Surianiaga Sdn Bhd as a party.
Lawyer Amli Nohin said the villagers were not asking the court to determine government budgets, but whether their legal and constitutional rights had been infringed.
“These villagers deserve the opportunity to have their case heard on its merits rather than being summarily dismissed,” he said.
