COA rules fed govt has no locus standi to file legal action on behalf of Orang Asli in land dispute
PUTRAJAYA: The Court of Appeal (COA) today allowed the appeal by the Kelantan government to strike out a Federal government’s lawsuit, ruling that the Federal government has no locus standi (legal standing) to file a legal action on behalf of the Temiar Orang Asli tribe over customary land dispute in Pos Simpor, Gua Musang.Justice Datuk Lau Bee Lan, who led a three-member panel, in a unanimous decision, said there is no provision in the Federal Constitution or any written law which recognises the locus standi of the Federal government to sue on behalf of the aboriginal peoples.“We disagree with the argument that the Federal government has the locus standi to be the plaintiff in this case instead of the purported affected parties who are the Orang Asli Temiar of Pos Simpor.“In our view, even if the Federal government has a fiduciary duty under Federal Constitution to provide for the welfare of the aboriginal peoples, such duty cannot confer that the Federal government with a right to sue as the plaintiff. “In this case, the disputes concerns the alleged infringement of property rights of the Orang Asli Temiar of Pos Simpor by the Kelantan government and its agencies. In view of the above, the appeal is allowed and the High Court civil suit is struck out,“ said Justice Lau, who presided the appeal with justices Datuk P. Ravinthran and Datuk Mohd Sofian Abd Razak in the proceedings conducted via Zoom.The Kelantan government was represented by counsel Khoo Guan Huat while the Federal government by lead counsel Datuk Dr Gurdial Singh Nijar and counsel G. Ragumaren.On Aug 20, 2019, the Kota Bahru High Court had dismissed the Kelantan government’s application to strike out the suit, after ruling that the High Court had jurisdiction to hear the suit filed by the Federal government against the PAS-led Kelantan government.The Kelantan government had filed the application to strike out the suit on grounds that the Federal government did not possess the locus standi to institute the action.The Federal government filed the suit against the Kelantan government, the state director of Lands and Mines, the state director of the Forestry Department, and five private entities.The Federal government brought the action in respect of its constitutional and fiduciary duty to safeguard the welfare of the Orang Asli who had been protesting over encroachment of their customary land.In the statement of claim, the Federal government claimed that the Kelantan government issued licenses to private companies to allow them to carry out commercial activities such as logging works, clearing of the land to plant rubber trees and durian trees on the native land of the Temiar Orang Asli.On January 2019, former Attorney-General Tan Sri Tommy Thomas was reported as saying that for the first time since the country’s independence, the Federal government was taking court action on behalf of the Orang Asli to accord them their constitutional and legal rights to protect and encourage their well-being and progress. — Bernama
Read More
