Sabah villagers fight bid to strike out suit over basic amenities, land rights

 Kadazan-Dusun community says the state and federal governments have failed to provide essential services and recognise its ancestral land rights.

The High Court in Kota Kinabalu, Sabah, heard the parties today and will deliver its decision on the state’s application to strike out the villagers’ suit on Dec 9.

KOTA KINABALU:

A group of Kadazan-Dusun villagers in Kota Marudu is fighting a bid by the Sabah and federal governments to strike out a lawsuit over alleged neglect and their ancestral land rights without a trial.

The villagers, represented by Amli Nohin, Jaikon Majumban and Jaripi Ompok, claim that they have been deprived of basic amenities, including roads, electricity, clean water, accessible healthcare, schooling, and reliable mobile coverage.

They also seek recognition of their native customary rights over ancestral land within the Lingkabau Forest Reserve.

In a submission filed last week, the villagers argued that their claims raised serious legal and constitutional questions that should be decided after a full trial.

The High Court in Kota Kinabalu heard the parties today and will deliver its decision on Dec 9 on the state’s application to strike out the suit.

According to their statement, residents of Kampung Sonsogon Makatol Darat must walk about five hours through rough terrain to reach the nearest road, while the nearest government clinic is about eight hours away.

Medical assistance depends on helicopter visits by mobile teams, which are sometimes cancelled because of bad weather.

The villagers also claim that children must live at school premises, away from their families, to attend classes.

On the land dispute, they allege that the state granted a permit to Azam Surianiaga Sdn Bhd in May 2023 without consulting or compensating the community.

The state denies the claims, arguing that the government owes no enforceable duty to provide the specific level of public services sought.

It also says development spending is a policy matter and that native land claims must follow procedures under the Sabah Land Ordinance.

The villagers contend that the state cannot rely on procedures that were not used before the permit was granted. They also cite court decisions recognising fiduciary duties towards indigenous communities over customary land.

Their lawyer, Amli, said the villagers were asking the court to decide whether their legal and constitutional rights have been infringed.

“A remote native community deserves its day in court on full evidence, not a summary dismissal,” he said. - FMT