Tuesday, November 16, 2010

Thank you Baru Bian!!! The High Court recognises the Malays' Cari Makan concept!!!

Source: Zulhaidah.com

In the High Court in Sabah and Sarawak at Kuching today, Justice Datuk Linton Albert found in favour of Mohamad Rambli bin Kawi (“the Plaintiff”) to have acquired native customary rights over 65 parcels of land in Salak Land District, Kuching, Sarawak.

The Plaintiff’s legal counsel, Mr. Baru Bian, stated the decision as being very significant as it declares once again that the Malays are also accorded with native customary rights premised upon custom or adat, which is in accordance with the Sarawak Land Code. This is a victory to the natives of Sarawak who have been fighting for the further recognition of their rights over native customary land since the landmark case of Nor Anak Nyawai.

The issues are that the custom of Serah of native customary rights over native customary land which in accordance with the Malay custom in Sarawak is now affirmed as being valid.

Secondly, the practice and custom of the Malays which is known as Cari Makan (foraging over the surrounding areas of the land to sustain the livelihood of their well-being) is also recognised. This Cari Makan concept is similar to the Nor Anak Nyawai case, whereby the Cari Makan custom of the Dayak natives is known as Pemakai Menua.

Having found the existence of native customary rights over the existing land in this case, the court ordered compensation to be paid by the State Government to the Plaintiff, to be assessed by the Registrar of the High Court.


  1. The Malays as being said to be said that their righrt is being recognised by the Court andd their carimakan style, is still to be guestioned? Because, when Malays wang to do business in their premises, the Autorities want the L&S Dept approval before any licence to be approved, and many other related questioins asked.This shows, the reconation of trhe court is still being questioined by the Authorities, and the Malays is being forced to become Ali Baba. Thus Ali Baba is being adoted to ease the burden and to get what ever available. This is being practiced by many includidng those in the higher political leveles, and in their timber licencs and so on. It is easy to say then to do.

  2. sik susah nak setel hal tok. undi pembangkang. konpom setel. setuju?