Baram Protection Action Committee chairman Philip Jau (in green shirt) and Baram folks demanding for their land rights in northern Sarawak recently. Pic by committee.
THE Malaysian Bar views last week’s majority decision of the Federal Court in “TR Sandah ak Tabau v Director of Forest, Sarawak” as a lost chance for the highest Court to exercise its powers of review to correct any error, injustice or ambiguity contained in its 2016 majority grounds of judgment in “Director of Forests, Sarawak v TR Sandah ak Tabau [2017] 2 MLJ 281”.
Despite the ultimate 3:1 determination against the native claimants in the 2016 Federal Court decision, the Federal Court had appeared to be split 2:2 on the legal principles regarding the enforceability of the Iban land customs of pemakai menoa (native territorial domain) and pulau galau (communal virgin forest) in Sarawak. This apparent anomaly, among others, prompted the Sarawak native applicants to file an application, pursuant to rule 137 of the Rules of the Federal Court 1995, to review the 2016 decision.
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