See Chee How says the majority decision to dismiss the review on “technical” grounds was a huge disappointment.
See said although the majority decision to dismiss the review on “technical” grounds was a huge disappointment, the courts were the right arbiters to interpret the law. See said this in response to the 4-1 majority Federal Court ruling yesterday rejecting a bid by Iban communities from two villages in Sarawak to review an earlier ruling that their native custom had no force of law in the state.“With this review dismissed, it means the issues which we hoped to clarify and determine, which is whether pemakai menoa and pulau galau have the force of law, remain unanswered.
The applicants had complained that the 3-1 majority ruling in December 2016 that originally dismissed their appeals was flawed as none of the judges had Bornean experience. They said this violated Paragraph 26 of the Inter-Governmental Committee Report 1962 read with Article 8 of the Malaysia Agreement.
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