Sarawak natives lose landmark NRC land case (Full Judgment of the Federal Court)

The Federal Court has dismissed a crucial appeal by five native customary rights landowner, a decision which will adversely affect more than 100 similar cases.

The three-member panel of judges led by outgoing Chief Justice Zaki Azmi made a unanimous decision to dismiss the case, brought by Bato Bagi and five others.

Bato, along with five others, are suing the state government over the loss of their land due to the Bakun dam project. .

The decision by Chief Justice Zaki Azmi and the Chief Judge of Sabah and Sarawak Richard Malanjum, both of whom refused to answer the question, was to let other pending cases deal with the issue.

The other Federal Court judge, Justice Md Raus Sharif, answered the question in the negative, and said the seizure was not unconstitutional.

All three judges unanimously decided, however, to dispose lawyer Baru Bian’s appeal following the land seizure in Bakun by the state government 14 years ago to build the multi-billion dam project and pulp wood mill.

Led by native Bato Bagi, five long house residents of Uma Balui Ukap at Batu Kalo, Uma Lesong at Batu Keling, Uma Bakah at Long Bulan, Rumah Kulit at Long Jawe and Rumah Ukit at Long Ayak, claimed on June 23, 1997, to have native customary rights over lands along Batang Balui and its tributaries in the Belaga District Kapit division.

They were ordered to vacate the land and extinguish their native customary rights over the construction of the dam.

The indigenous people wanted the order to be declared void on the grounds that:

Bato Bagi and Jalang Ak Paran (Full Judgment of the Federal Court)