S’wak govt appeals compensation for Kedayan villagers
Roshan Jason
Jun 8, 05 5:10pm

The Sarawak government filed a notice with the Court of Appeal to review a decision by the Bintulu High Court, which on May 13, ordered the state to compensate villagers whose land was acquired for commercial purposes.

The villagers’ lawyer John Antau received a copy of the appeal notice today from the Sarawak Attorney-General’s chambers.

“These people are legally entitled to the compensations. Furthermore the High Court decided in their favour.

“If I were the state government, I’d meet the villagers (and counsel) to discuss the compensation amount (instead of appealing),” he said when contacted today.

The compensation amount had not been decided when the verdict was passed last month as the court had left it to the Miri High Court’s Deputy Registrar to make the assessment.

Based on an estimated amount by lawyers, the state government will need to pay the villagers close to RM70 million. This is based on a figure of RM100 for planted teak and sentang trees almost nearing maturity in the 3000-acre land which is part of a gazetted communal forest.

“It is good for the government too if it is seen paying the people,” said Antau when asked to comment on calls from the business fraternity to expedite the compensation process to stop the delay in building a smelter on the land.

Bakun-linked smelter plant

Antau, assisted by Musa Dinggat, represents 636 families - mostly Muslim Kadayans - from three villages in Kuala Nyalau, Bintulu who had sued the state, its Superintendent of Land and Survey and its Planning and Resource Management Ministry over the issue.

The villagers resorted to legal action after their estate and 700,000 teak and sentang trees planted on native customary rights (NCR) land was acquired - without proper compensation - in the late 1990s for a proposed aluminum smelter plant.

The smelter, closely linked to the controversial 2,400MW Bakun hydro dam project, has yet to be built but the Sarawak government recently signed a memorandum of understanding with two companies in China to undertake feasibility studies on setting up a smelter plant in Bintulu.

It cannot be confirmed if it was meant for the smelter planned for construction at the village or if it is for another smelter.

However, government officials have been reported to say that it is unlikely that more than one smelter will be approved in Bintulu.