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2010 MarsdenLR 1965

COURT OF APPEAL PUTRAJAYA
JALANG PARAN & ANOR – Appellant
Versus
GOVERNMENT OF THE STATE OF SARAWAK & ANOR – Respondent


Table of Content
1. challenge against extinguishment of native rights. (Para 1 , 2)
2. trial judge's decision in favor of defendants. (Para 4)
3. ncr's significance as fundamental rights. (Para 5 , 10 , 12)
4. legal provisions for extinguishing ncr. (Para 13 , 14)
5. legality of extinguishing ncr under law. (Para 20 , 22 , 23 , 24 , 25)
6. procedural fairness concerns addressed. (Para 28 , 29 , 30)
7. judicial review mechanism for public law challenges. (Para 33 , 39)
Syed Ahmad Helmy JCA:

[1] The plaintiff's claim against the defendants herein is for declaratory relief that the extinguishment of the plaintiff's native customary rights pursuant to the Land (Extinguishment of Native Customary Rights) (Pulpwood Mill Site at Ulu Batang Tatau) (No 3) Direction 1997 made by the Minister of Resource Planning in Sarawak Government Gazette Notification No 388B, on 13 February 1997, is unlawful and null and void.

[2] The challenge by the plaintiffs is grounded on their contention that the enabling sections of the Sarawak Land Code upon which the Direction was issued is invalid and unconstitutional as it infringes arts 5(1), 8, 13(2) and 153 of the Federal Constitution or art 39 of the Sarawak State C

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