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BALINGIAN, 4 August 2000 - Yesterday, the Sibu High Court granted the injunction applied by oil palm plantation company, Novelpac Puncakdana plantations Sdn. Bhd. against five (5) Iban chiefs and residents of their villages restraining them from: -

(1) interfering with the activities of the company, its servants, agents or contractors within the area of its provisional lease identified as Lot 11 Buloh land District; and

(2) intimidating the company or its workers or contractors within Lot 11 until the main trial of the case filed by the company against the Ibans.

But the High Court also directed that since the defendants (Iban communities) have alleged that the lands within Lot 11 also comprised their customary lands, the defendants at their own costs shall engaged one Francis ak Imban (a staff of BRIMAS) to enter Lot 11 and conduct a survey to locate all the areas of their said customary lands within 30 days from 3rd August for evidential purpose at the trial of the case.

The Ibans communities are dissatisfied with the High Court decision and have instructed their Lawyers to file an appeal to the Court of Appeal.

However, the Ibans requires legal fees of RM11,000.00 for the appeal and also to undertake the Survey of their customary lands within Lot 11 as directed by the Court.

This appeal is of utmost important and urgent as if the decision is left unchallenged, plantation companies which have been granted provisional leases by the Sarawak government over one third of Sarawak's total land area and which comprised or affected mostly customary lands will take advantage of the decision as a precedent against the Sarawak natives.

The balance of convenience and preservation of the status quo should be in favour of the Ibans who depend on the land within Lot 11 for their livelihood as opposed to the company which wants the said land only for more profits!!

Please assist in anyway you can by for example contributing to the funds set up by the Ibans for their said appeal and the said Survey.

The company has tried to enter the said land recently pursuant to the said injunction but was stopped by the Ibans who are still resisting the activities of the company. -BRIMAS