Two Sarawakian natives have obtained leave to challenge Sarawak's laws on Native Customary Rights (NCR) land at the Federal Court today.

NONEThe three-member panel, led by Chief Justice Zaki Azmi, agreed to hear the matter, brought by Kayan tribe member Bato Bagi and Jalang Paran, who belongs to the Iban ethnic group.

However, of the seven matters raised in the plaintiff's application, Zaki said that the court will only examine the question of whether Section 5 (3) and (4) of the Sarawak Land Code is ultra vires (beyond the powers) of Article 5 and 13 of the Federal Constitution.

Hearing is set for April 28.

In his submission, the plaintiff's counsel Sulaiman Abdullah said that a ruling on the disputed land laws is important to the natives because their rights to ancestral land is akin to the right to life.

Section 5 (3) and (4) of the Sarawak Land Code was used to displace the plaintiff's villages which have now been flooded for the Bakun hydro-electric dam.

Historic attempt

The plaintiff's other counsel Baru Bian told reporters later that this is the first time the Sarawak Land Code is being challenged at the Federal Court.

He adds that Section 5 of the law allows the state government to arbitrarily take away NCR land from the natives. 

"The granting of leave for my client is a victory for the people of Sarawak as this (point of law) has never been argued before. The power of the state government has never been challenged. 

"The outcome of this case will have a massive impact on future cases that will be bound by this decision," said Baru.

Bato and Jalang have named the Sarawak government as the defendant. The Sarawakian government is represented by JC Fong and Marjana Adenan.

Prior to the hearing today, representatives from the Kayan tribes from five villages gathered in front of the Palace of Justice to hold a brief demonstration in support of the two plaintiffs. 

'Historic' decision to allows tribes to fight land claim