These Native Customary Rights (NCR) holders had waited 15 years for a court verdict ever since their once-verdant lands were cleared to make way for oil palm plantations.
Justice Douglas Primus of the Kota Kinabalu High Court had just issued a court order to seal the settlement agreement that was agreed upon earlier this month between the NCR holders in Tongod and several corporations as well as the state government.
The seven groups of residents – Kampung Maliau, Kampung Minusoh, Kampung Liupampang, Kampung Namukon, Kampung Mananam, Kampung Napagang and Kampung Lanung in Kinabatangan – had sought relief against the defendants for land measuring 21,819 acres.
The defendants are corporations Hap Seng Consolidated Bhd, Asiatic Development Bhd, Tanjung Bahagia Sdn Bhd, the director of Lands and Surveys Sabah and the Sabah government.
The residents said the land was issued to Hap Seng in 1999 by the director of Lands and Surveys, which was later cleared and planted with oil palm.
Therefore, yesterday, the estimated 300 community members and supporters who gathered at the Kota Kinabalu High Court to witness Douglas' consent judgment had much to celebrate about.
Their 15-year-old dilemma was finally over.
Jannie Lasimbang, the secretary-general of Jaringan Orang Asal SeMalaysia (JOAS), was equally ecstatic.
“Today is a significant victory for Orang Asal in Malaysia. This settlement agreement acknowledges by law, yet again, the Orang Asal's right to their NCR.
“To avoid the long and costly court process, companies and governments should take note of this landmark case and respect the NCR’s lands,” Jannie said.
“We applaud the dedication of the Tongod community for their strength and resilience throughout the case, as well as their lawyers, Kong Hong Ming and Mary Lee for following through this case for 15 long years on a pro bono basis,” she added.
According to lawyer Kong Hong Ming, the closure of this case, however, is bittersweet for the particular villagers.
“It has been a very pitiful and depressing experience for the villagers to have their case last this long,” Kong said.
“The justice system and operation is a serious disadvantage to poor people, such as our villagers who are in no position financially or otherwise to go through and sustain the long and costly court process. Especially as they have to spend time away from their home and travel to the city for the trial, while having to also make ends meet at home.
“Fortunately, they have very good, committed and determined leadership and a strong desire to have a better life in the future. I have learned much from this group of villagers who deserve a much better way of life. They have been deprived all these years,” he added. - Msiakini
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