Joseph Silvary: by Special Writer
ANALYSIS: The Federal Court, like the High Court and Court of Appeal, agreed pemakai menoa and pulau galau — like temuda — are NCR land.
The Federal Court agreed that PM and PG were by custom. It only said PM and PG were incidental to temuda when it ruled that Adat does not have force of law on PM and PG.
The Federal Court cannot tell the Dayak to stop practising the PM and PG customs.
The Federal Court cannot say that the Dayak do not have “beneficial ownership” of PM and PG if they are declared as state land. The High Court and the Court of Appeal said the Dayak have “beneficial ownership” of PM and PG even if they are declared as state land.
The state government and the state are different.
The state having state land does not mean the state government owns such land.
The state government cannot own PM and PG unless it compensates the “beneficial owners” of such land.
The Federal Court ruling on Dec 20 that Adat, customary law, does not have force of law on PM and PG was merely to facilitate the state government to issue provisional leases (PL) to such land to non-Dayak companies.
PL cannot be issued to such companies since they don’t have beneficial ownership of PM and PG.
The Federal Court ruling on Dec 20 has no significance because Dayak will not seek title to PM and PG. They would also not want PL to be issued to such land.
The Dayak have temuda and if they want more temuda, they can create them on PM by NCR.
PG should remain untouched.
Adat should not be subject to the state assembly. The Land Code cannot touch on NCR.
NCR cases should begin at the Land Office, move to the Native Court and end at the High Court.
Land is a state matter.
The Court Appeal and Federal Court have no jurisdiction on land matters in Borneo. It was an error on the part of the state government to run to the Federal Court.
Law must have source to have authority, jurisdiction and power.
What is the source of the Federal Court’s Dec 20 ruling? There’s no source.
Law ceases to exist when it’s bad, is not enforced and cannot be enforced.
What is law?
According to jurisprudence, law exists, has always existed, is beyond statute and case law, and is based on common sense, universal values and the principles of natural justice.
Fong told Taib that he has found a way of “legally stealing” Dayak land.
There’s no “legal way” of stealing Dayak land.
The state government is not the state.
If the state takes private land, it can only do so for public purpose and it must pay compensation.
The state cannot acquire private land for private purpose.
Harris gave Labuan, not the land, to the Federal Government.
The Federal Government did not ask for Labuan. So, why should it pay for something it did not ask?
In the case of KL and Putrajaya, the Federal Government asked Selangor for them. That’s why it had to pay compensation for them.
There are parallels between Adat, customary law; the Bible, the Word of God; and the uncodified/unwritten Malaysian Constitution.
All three are about relationships.
Adat is about the Environment.
The Bible is about God.
The Constitution is about the state.
The Constitution is about the relationship between a state and a people; between the state and individuals and between individuals.
The Bible is about the relationship between God and a people; between God and individuals; and between individuals.
Adat is about the relationship between the Environment and a people; between the Environment and individuals; and between individuals.
Lawyer Vernon Aji Kedit said that if the Federal Court did not rule the way it did on Dec 20, the state government would have to pay millions in compensation for provisional leases (PL) it has already issued on pemakai menoa/pulau galau.
The Sarawak Land Code is a one-sided law.
Any one-sided law is an unequal treaty and therefore null and void.
The Sarawak Land Code is a bad law.
NOTE: Special Writer keenly studies Adat and the Native Court, the Bible and the Malaysian Constitution.
[13:37, 1/8/2017] Joseph Silvary: Use the above as a comment piece.
[14:01, 1/8/2017] Joseph Silvary: By the way, Income Tax wrote to the company on Fri and cc to me, advising it to pay me whatever it owes me.
I didn’t complain to Income Tax. I planned to complain to the Industrial Relations Department that the company owes me money.
It’s evident from the Income Tax letter that the company wrote to it to say that I had been stopped.
[14:07, 1/8/2017] +60 16-845 2075: Oh wow, so the company still have to pay whatever the owe to you la. That’s great to hear, at least you are going to be paid accordingly
[14:09, 1/8/2017] Joseph Silvary: I don’t know what the company is up to.
When they turn up in court, they have to pay me 30 months. That’s the law.
[14:15, 1/8/2017] Joseph Silvary: Mahathir into SOS politics, same old shit
LETTER: Warisan is sponsored by Mahathir’s Bersatu, a parti Malaya.
Other local opposition parties in Sabah and Sarawak are sponsored by BN, a Malaya-based national coalition, to split opposition votes and deny PH.
SakSaMa wants to make sure there will be an opposition in the country after GE14. JK is expected to be the only opposition MP after GE14.
Umno MPs will defect to Bersatu after GE14. Bersatu will be the new Umno. PH is already with Bersatu.
Vote for JK in Keningau, Bingkor and Tambunan.
Vote for Shafie Apdal in Semporna. Let him be the voice of the Suluk.
Otherwise, choose between BN and PH. SakSaMa wants to work with PH.
Ignore Bersatu and the local opposition parties in Sabah and Sarawak. Mahathir must be purged from the political system. He wants to save Umno through Bersatu and SOS i.e. continue the Same Old Shit.