A Fatal Flaw

• 7 November 2017
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The Federal Court, siting to review an appeal by the Sarawak State government against a ruling by the Appeal and lower courts that an expropriation of Native Customary land was illegal, overturned the Appeal Court and ruled in favour of the Sarawak government.

What sort of State government acts against the vital interests of a majority of its population? Answer. One that is controlled by a racial minority, supported by a racial majority in Kuala Lumpur. The State law that permitted the Federal Court to rule as it did was introduced specifically for two purposes. First to remove the right of the native community to its “native customary land” and, secondly, to allow rich friends of the State, Malay dominated, government to get land cheaply and develop it expensively.

However all is not yet lost for the natives deprived by this Federal Court ruling. Sitting on it was the, illegally appointed, Chief Justice Raus. That alone vitiates the ruling as no rulings of an illegally constituted court are valid.

Those affected by this ruling can and should ask the Federal Court to overturn its own ruling on the ground that it was illegally constituted.