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10 APRIL 2024

Sunday, August 14, 2011

CJ, who protects the minority if not the court?

your say'The CJ argues only the NGOs want the natives to stay in the jungle. This statement would be an admission of unconscionable ignorance for any educated man.'

Only NGOs want natives in jungles, says CJ


Boiling Mud: "(Chief Justice Zaki Azmi) noted that the interests of the majority should be of higher priority over the minority."

It is disturbing to hear this from a chief justice. He is, in effect, telling the affected party to swallow the bitter pill on the account that they are the minority.

I beg to differ, Mr CJ. Even if there were only one person seeking redress for the loss of his native customary rights land, he is still entitled to a fair hearing before a learned judge who understands the meaning of justice. Shame on you, Zaki!

Cala: Zaki Azmi may be learned, but he has missed the point. He has confused economic growth with economic development. To many natives who are living in the deep end of the forest in Sarawak, they have different needs.

No amount of monetary compensation will equate their losses due to forced eviction from their ancestral habitat. Goulet (1971, cited in Todaro and Smith, 2006, p. 21) argued that there are three core values relating to economic development:

i) sustenance
ii) self-esteem
iii) freedom

To Bato and five others in the suit, removing them away from their place of comfort destroys their ability to meet basic needs. Also, they lose their self-esteem as individuals by the state not consulting them before eviction.

How come the standard of our chief judge is so low? I think Zaki Azmi should go back to school and take a course on new institutional economics. He ought to know the differences between exogenous institutions and endogenous institutions, formal rules and informal constraints, and the long and painful way a man adapts to new habitat.

At the end of the course, I am sure he will retract his earlier comment.

Gandhi: This is a terrifying statement as I dare not imagine if China, Russia and United States and Indonesia - having larger populations - decide to take over Singapore, Brunei, Maldives, Sri Lanka and Mauritius.

This is a provocative statement as the majority will bully the minority.

Anonymous_ABG: Zaki Azmi's comments before the finalisation of the hearings clearly shows he is bias and has already made up his mind. That makes the rest of the hearing a farce. He should withdraw from further hearing the case.

Is he fishing for 'goodies' after his retirement? In fact, he shouldn't be appointed a judge at all - let alone CJ. After all, he once volunteered information that he used to bribe court staff and now he is the boss of the courts.

Khairuddin Mohd Yusof : CJ, who are you to decide where the natives should live and what they should enjoy. Enjoyment for you may be karaoke and night clubs, but it may not be for the natives. Do not use your yardstick to measure or impose your value system on others.

DannyLoHH: Such a remark is uncalled for from a CJ. He should be looking at the issue brought up from the legal point of view, not making political statements based on his own belief. He has shamed the office he is residing in.

FellowMalaysian: As the chief justice, he makes offensive remarks that the Sarawak natives would certainly be displeased to hear. He is uncaring and shows little concern for his fellow countrymen.

These natives have occupied their lands and surroundings for many generations and they are now driven away from their ancestral sites. Many have protested as they have been forcibly removed and were not compensated.

It is only through the NGOs that their misfortunes get highlighted. I certainly do not expect the CJ to speak in such uncouth manner showing little respect to the community. Shame on you, and the credibility and veracity of your opinion ought to be examined by a panel of juries.

Anonymous: What a blatant remark by the CJ and what ill-found logic. Marina Mahathir is right in saying that we wanted to project an image of a first world country but we were not capable of first world conduct, for example, in the way the Bersih rally was handled.

Kit P: The CJ, in referring to the majority taking precedence vis-a-vis minority rights, is talking like an Umno politician.

We have a CJ who simply does not understand one of the most important roles of the judiciary., which is to ensure justice is done. If a person or group of persons has been deprived of their legal rights, it is incumbent on the court to provide redress - it doesn't matter whether they are in the majority or the minority.

I shudder to think how a lone individual will fare in a Zaki Azmi court if the subject is a dispute involving a powerful federal government ministry.

Lexicon: Zaki may or may not be aware that Malaysia is a signatory to the United Nations Declaration on the Rights of Indigenous Peoples.

Under UNDRIP, all natives have a right to prior and informed consent before any action is taken on their land. The interests of the majority do not outweigh the interests of the minority when it comes to a dam that enriches a minority and is producing power surplus to requirements.

Zaki, what makes you think you're better off than Malaysians living in the jungle? They seem much more civilised compared to Umno and its 'slaves'.

The CJ argues only the NGOs want the natives to stay in the jungle. This statement would be an admission of unconscionable ignorance for any educated man.

Many natives living in the jungle want to stay in the jungle, if there is enough game, fish and clean water. They can think for themselves better than some footstools of those in power. And natives certainly don't want people telling them, in ignorant, bigoted language, what natives want or don't want.

Mob1900: What nation benefits from robbing its own people? And what development have the natives enjoyed when basic necessities like electricity and water are non-existent amongst the natives? Cut the bull, Zaki.

Bhajnik Singh; Zaki, you came out of the kampung and look what happened to you, a man with no integrity. The natives are better off in the jungle. - Malaysiakini

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