Landmark High Court Ruling Supports Native Customary Land Rights in Sabah, Malaysia
On July 9, High Court Justice Datuk Ian H.C. Chin ruled in favor of Rambilin Binti Ambit in a civil suit and two related judicial reviews. The judgment is expected to set a precedence for court cases involving claims to Native Customary Right in Sabah. After a thorough review of the legal history of Native Customary Rights in Sabah the High Court Justice concluded:
“This means the native customary right which included the right to enter state land for the purpose of establishing it still subsists until today. If it was intended to abolish such right from ever arising again then a simple legislation or amendment to the law in the terms I have just mentioned would do it. The government could, under sections 80-85, carry out a complete settlement exercise, which the colonists failed to do so, covering not isolated area but the whole of Sabah to settle all the claims to native customary rights once and for all. This would be another way of preventing future native customary rights claims from arising after the settlement if that is what the government really wants.” (p. 24) “Now that the natives in Sabah have their own legislators who are in a position to decide their future and are no longer under the colonists, the native legislators can easily decide whether to put an end to native customary rights or to continue with them, in the ways I have just mentioned. As it is, there is no need for a native to seek permission from the government to enter state land for the purpose of establishing native customary right since such rights were exercised from time immemorial without having to seek permission first from anyone. This means that occupation of the land by Rambilin was not unlawful within the meaning of s 6(1) of the Land Ordinance 1930. ” (p. 25)
Consequently, the Justice Chin declared the alienation of Rambilin’s land through the issuance of titles by the Assistant Collector for Land Revenues, obtained by the defendant Ruddy Awah and his wife, “unlawful, null and void” (p. 48). The defendant was ordered to vacate the land and pay compensation to Rambili.
 Read the full text of the ruling as PDF (1,31 MB) |
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Rambilin Binti Ambit, a Dusun from Pitas district in Sabah and mother of seven children fought for over ten years to get back her land. (Photo: Chris Erni)
Rambilin and her sister-in-law, who was a key witness in the case, on the land illegally occupied by Ruddy Awah. Ruddy Awah is a wealthy businessman engaged in logging. He had leased Rambilin’s land to a sawmill operator. (Photo: Chris Erni)
Rambilin (right), her lawyer Datuk Kong Hong Ming (left) and two staff members of PACOS Trust, an indigenous organization supporting indigenous communities in their land rights struggles all over Sabah. PACOS helped Rambilin and Datuk Kong by providing crucial documents in support of their case. (Photo: Chris Erni) |
