对曾经现在还在砂拉越投资的人士来说，ＮＣＲ是每一个投资者最害怕的事，因为那是没完没了的”变相勒索“！！！
如今，联邦法院作出了标杆性的判决，那么，对砂拉越的投资就会非常有利，将成为我国更具吸引力的投资地点。
过去，有在砂拉越买地，特别是农业地的鹅商人一定会面对一批又一批的所谓土著，前来要钱，说这一段土地是他们的，他们祖先的。这些事实让很多投资者放弃了在砂拉越的１投资，特别是内陆或较为偏远的农业地区。
中间人会出来协助谈判，大家就是平分也好，或抽佣金。。。。不要以为给了一批说土地是他们祖先的ＮＣＲ土地，就解决了。。。没有，一年内会有几单。。。投资者是头大，他们经常是一批人上门来“抢地”，只要说ＮＣＲ， 土地就是他们祖先的，是他们所拥有的，是他们的土地，不可以发展，要付钱。
要解决，就要付钱。。。。每一年都有好几单这些公开勒索。没有人可以反对，他们讲ＮＣＲ就是ＮＣＲ....
所以，很多人去了砂拉越投资，才明白钱难赚，原来还有ＮＣＲ勒索方式，是最卑鄙离谱的勒索，不需要证据，只要一批人到来，还拿着猎枪，指指点点，凶神恶煞式到来。。。你就要找中间人了。。。。谈判，“过水”付出一大笔。。。不要高兴。。。。过了几个月，又有一批来了，又是以ＮＣＲ 为理由，来勒索一大笔。
投资砂拉越的梦魇。。。。就是ＮＣＲ！
个人也好，公司也好，投资砂拉越土地，是不容易，因为要面对不断的勒索和干扰，这也导致了在砂拉越投资农业、棕油行业面对不容易赚钱的难题。ＩＯＩ最后也放弃在砂拉越的油粽园，也因此无法卖到好价钱。
随着这项标杆性的最后判决，ＮＣＲ问题讲迎刃而解，对在砂拉越通过购入森林地做油棕投资者是福音，也不用害怕一些有心人的公开勒索。他们不能随随便便就说这一地段是他们祖先的土地，是ＮＣＲ。
砂州政府在未来进行森林或土地发展，就不用担心这些人，一批又一批来搞事，来勒索了。
无可否认，砂拉越的投资发展将会更上一层楼。
预料，将会推动更多油棕种植及农业发展，短期内超过１０万公顷至３０万公顷的土地可以用来种植油棕了。
对有意投资砂拉越土地者来说是福音。
联邦法院驳复核申请，维持砂习俗地（ＮＣＲ)不具法律效力
联邦法院早前宣判原生传统习俗在砂拉越不具法律效力，砂拉越两个村落的伊班族随后申请复核此项判决，然而这项申请今日宣告失败。
联邦法院五司以4比1裁决，不存在要求联邦法院重设新法官组合的法律基础，以复核法院之前的裁决。
马来亚大法官阿查哈、联邦法院法官阿丽扎都、依德鲁斯和莫哈末扎瓦威促成上述的多数裁决，沙巴和砂拉越大法官黄达华则投下反对票。
阿查哈在其29页的判词中指出，分别代表位于加拿逸和诗巫的Tuai Rumah Sandah Tabau和Siew Ak Libau村落的律师所提出的复核理由是，联邦法院早前的裁决于法有误，以及犯下各种明显的错误，但这并不是有效及合理的法律基础，以要求复核法院的裁决。
她说，不该由本组联邦法院法官组合评断之前同一宗案件的法官组合是否已正确诠释或应用法律，因为这是关乎看法。
她指出，联邦法院也已经以3比1的多数裁决定夺3项上诉，肯定不是如申请人所宣称的2比2裁决。
她说，就算在宣判之时，法官阿都哈密恩邦已退休，但没有争议的是，联邦法院余下4名法官的判词是根据1964年法庭司法法令第78（1）条文发表。
“因此，在联邦法院宣判时，联邦法院是合法组成，所发表的判词不能被指为无效。”
Appeal for review of native land rights ruling rejected
PUTRAJAYA: The Federal Court dismissed an application by a group of Sarawakians to review a 2016 decision over native customary land rights.
In a four-to-one majority, the bench ruled in favour of the Sarawak government and provisional leaseholder on grounds that the review application was more of an appeal rather than a judicial review.
The applicants from Tuai Rumah Sandah Sabau of Sandau longhouse and Siew Libau sought to declare the December 2016 judgment null and void, arguing that there was an infringement of law, a lack of quorum and that none of the judges, who heard the appeal, had sufficient Borneo experience to hear the case involving Sarawak native customary rights.
Panel chairman Chief Judge of Malaya Justice Azahar Mohamed said there was no obligation on the judiciary to implement a recommendation by the Inter-Governmental Committee report requiring judges with Borneo judicial experience when dealing with appeals rising out of Sabah and Sarawak.
The four other judges were Chief Judge of Sabah and Sarawak David Wong Dak Wah and Justices Alizatul Khair Osman Khairuddin, Mohd Zawawi Salleh and Idrus Harun.
Wong, the dissenting judge, said the quorum lacked Borneo judicial experience and highlighted quorum failure as the deciding panel then was made up of only four judges due to the retirement of Justice Abdull Hamid Embong prior to the decision.
Reading out his ruling for almost an hour, he said the April 2019 amendment to the Sarawak Land Code, legally recognising pemakai menoa (territorial domain) and pulau galau (communal forest reserve), allows to set aside the 2016 review judgment.
The applicants were represented by lawyers Joshua Baru, Clarice Chan and Dr Yogeswaran Subramaniam.
Joshua told reporters the ruling set a precedent for future cases as it was not a necessity for a panel to have a judge with Borneo judicial experience when hearing appeal matters rising out of Borneo.
“This is the end of the road for the applicants, ” he said yesterday.
Yogeswaran said the implication was that Sarawak natives could not claim native territorial domain based on customs because the ruling said customs have no force of law.
“In Sarawak, claims now will be limited to the cleared and cultivated area. You will not have a claim except under the Sarawak Land Code amendment. You will not have a claim to a virgin forest area unless you make a statutory claim, ” he said.
On March 13,2011, Kuching High Court Justice Yew Jen Kie allowed a civil suit filed by eight Dayak landowners against a timber company and the state government for encroaching into their native land, including the pemakai menoa vide, a timber licence issued by the state to the company. The firm had argued that native customary rights land should be restricted to the temuda (farmed land), which had been cleared before 1958.
On June 13,2013, the Court of Appeal agreed with the High Court’s decision, saying that pemakai menoa and pulau galau were native customary rights lands.
But the Federal Court panel overturned the findings, ruling in December 2016 that the native customs of pemakai menoa and pulau galau have “no force of law in Sarawak”.
The landmark ruling stated that there was no law to customary rights claims by the Dayaks over forest reserve and communal land or territorial domain as native customary rights lands.
The apex court also ruled that the Sarawak Land Code, the Tusun Tunggu (Codified Customary Laws), Iban Adat 1993 and a number of Rajah Orders only recognised temuda as native customary rights land.
In a four-to-one majority, the bench ruled in favour of the Sarawak government and provisional leaseholder on grounds that the review application was more of an appeal rather than a judicial review.
The applicants from Tuai Rumah Sandah Sabau of Sandau longhouse and Siew Libau sought to declare the December 2016 judgment null and void, arguing that there was an infringement of law, a lack of quorum and that none of the judges, who heard the appeal, had sufficient Borneo experience to hear the case involving Sarawak native customary rights.
Panel chairman Chief Judge of Malaya Justice Azahar Mohamed said there was no obligation on the judiciary to implement a recommendation by the Inter-Governmental Committee report requiring judges with Borneo judicial experience when dealing with appeals rising out of Sabah and Sarawak.
Wong, the dissenting judge, said the quorum lacked Borneo judicial experience and highlighted quorum failure as the deciding panel then was made up of only four judges due to the retirement of Justice Abdull Hamid Embong prior to the decision.
Reading out his ruling for almost an hour, he said the April 2019 amendment to the Sarawak Land Code, legally recognising pemakai menoa (territorial domain) and pulau galau (communal forest reserve), allows to set aside the 2016 review judgment.
The applicants were represented by lawyers Joshua Baru, Clarice Chan and Dr Yogeswaran Subramaniam.
Joshua told reporters the ruling set a precedent for future cases as it was not a necessity for a panel to have a judge with Borneo judicial experience when hearing appeal matters rising out of Borneo.
“This is the end of the road for the applicants, ” he said yesterday.
Yogeswaran said the implication was that Sarawak natives could not claim native territorial domain based on customs because the ruling said customs have no force of law.
“In Sarawak, claims now will be limited to the cleared and cultivated area. You will not have a claim except under the Sarawak Land Code amendment. You will not have a claim to a virgin forest area unless you make a statutory claim, ” he said.
On March 13,2011, Kuching High Court Justice Yew Jen Kie allowed a civil suit filed by eight Dayak landowners against a timber company and the state government for encroaching into their native land, including the pemakai menoa vide, a timber licence issued by the state to the company. The firm had argued that native customary rights land should be restricted to the temuda (farmed land), which had been cleared before 1958.
On June 13,2013, the Court of Appeal agreed with the High Court’s decision, saying that pemakai menoa and pulau galau were native customary rights lands.
But the Federal Court panel overturned the findings, ruling in December 2016 that the native customs of pemakai menoa and pulau galau have “no force of law in Sarawak”.
The landmark ruling stated that there was no law to customary rights claims by the Dayaks over forest reserve and communal land or territorial domain as native customary rights lands.
The apex court also ruled that the Sarawak Land Code, the Tusun Tunggu (Codified Customary Laws), Iban Adat 1993 and a number of Rajah Orders only recognised temuda as native customary rights land.
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Read more at https://www.thestar.com.my/news/nation/2019/09/12/appeal-for-review-of-native-land-rights-ruling-rejected#h5aGOedm4Zul4pOf.99
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