(Malaysiakini) In a significant decision against the government, the Orang Asli Laut of Kuala Masai, Johor were awarded damages yesterday for the unlawful demolition of their chapel by authorities in 2005.
Ruling in favour of plaintiffs Orang Asli residents Khalip Bachik and Kelah bin Lah, High Court Judge Zakiah Kassim said the defendants trespassed onto the land and had no right to tear down the chapel (pictured before demolition).
The Orang Asli had levelled their challenge against the Johor Lands and Mines director, the Johor Bahru City Council and the Orang Asli affairs department (JHEOA)
Ruling in favour of plaintiffs Orang Asli residents Khalip Bachik and Kelah bin Lah, High Court Judge Zakiah Kassim said the defendants trespassed onto the land and had no right to tear down the chapel (pictured before demolition).The Orang Asli had levelled their challenge against the Johor Lands and Mines director, the Johor Bahru City Council and the Orang Asli affairs department (JHEOA)
Zakiah also found that the fact that the land was not gazetted as Orang Asli land, even though this was decided upon in the year 2000, did not absolve the defendants.
The JHEOA and Johor Bahru Land Administrator had previously rejected the community's application to build a chapel, stating that they had no right to do so as the land belonged to the government.
The court also heard of the "high handed conduct" of the state authority and city council in demolishing the chapel (right), on Dec 15, ten days before the celebration of Christmas.
The plaintiffs submitted that this was reminiscent of the Sagong Tasi case, where the Court of Appeal found against the appellant who were proven to have forcibly demolished the Orang Asli homes.
The plaintiff's lawyer, Steven N Thiru, said it is still uncertain whether the defendants will appeal the decision.
The amount of damages awarded are still to be assessed. The chapel had took three months to build and cost RM40,000.
Gov't dept broke its promise
The plaintiffs, who are of Orang Asli Laut descent and members of the Orang Asli Christian congregation, were originally residents of Kampung Orang Asli Stulang Laut.
They received a directive to move to Kampung Orang Asli Kuala Masai from the Johor Bahru City Council in 1993 on the grounds that their original land was to be developed.
According to Khalip and Kelah, the JHEOA director general had given them an assurance that they could build a place of worship at the new settlement, and had done so upon relocation in 2003.
When the demolition occurred, the state failed to show any court order or proof that the chapel was sitting on state land.
Eight out of the 20 families living in Kampung Orang Asli Kual Masai are of the Christian faith.
The JHEOA and Johor Bahru Land Administrator had previously rejected the community's application to build a chapel, stating that they had no right to do so as the land belonged to the government.
The court also heard of the "high handed conduct" of the state authority and city council in demolishing the chapel (right), on Dec 15, ten days before the celebration of Christmas.The plaintiffs submitted that this was reminiscent of the Sagong Tasi case, where the Court of Appeal found against the appellant who were proven to have forcibly demolished the Orang Asli homes.
The plaintiff's lawyer, Steven N Thiru, said it is still uncertain whether the defendants will appeal the decision.
The amount of damages awarded are still to be assessed. The chapel had took three months to build and cost RM40,000.
Gov't dept broke its promise
The plaintiffs, who are of Orang Asli Laut descent and members of the Orang Asli Christian congregation, were originally residents of Kampung Orang Asli Stulang Laut.
They received a directive to move to Kampung Orang Asli Kuala Masai from the Johor Bahru City Council in 1993 on the grounds that their original land was to be developed.
According to Khalip and Kelah, the JHEOA director general had given them an assurance that they could build a place of worship at the new settlement, and had done so upon relocation in 2003.
When the demolition occurred, the state failed to show any court order or proof that the chapel was sitting on state land.
Eight out of the 20 families living in Kampung Orang Asli Kual Masai are of the Christian faith.
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