In case anyone in Sabah is still labouring under the misapprehension that the law applies to the law makers themselves, the sickening sight lines of logging trucks pouring out of Sipitang laden with illegal timber over the past few days will sadly disabuse them.
There has been a long-running dispute in the area that has impacted terribly on the inhabitants of Sipitang who had settled as employees of the previous Sabah Forest Industries (SFI) which became insolvent.
Predator buyers have since sought, with the assistance of the GRS state government, to flush out the timber without paying the proper dues, according to the receivers of the company, and in the process the dependent communities of former staff have been cut off from financial support as well as services such as electricity and water.
This callous treatment has been a long running shame on the Sabah state government which has denied any responsibility for the welfare of these desperate former workers whilst seeking to lay hands on the timber.
After years, during which the state government has sought to confiscate the licence in favour of its own operators under the Yayasan foundation in the name of ‘public interest’, the courts have ruled against such moves.
On November 8th the Court of Appeal granted a stay to the SFI receivers who have been seeking a just settlement in the face of a compulsory acquisition of the area by the state government in the name of the ‘public interest’ when there wasn’t one.
It is that compulsory acquisition which has now been stayed pending the determination of a judicial review application.
Lawyers for those acting on behalf of SFI say this order passed by the court is very clear in that it prohibits further exploitation of the area by Yayasan Sabah to stop logging the area under the excuse of the compulsory confiscation which is no longer viable.
On 11th November they issued a Notice to the defendants in the case, namely the state government and its officers to “vacate the said Lands, cease all activities, including logging, extraction of timber logs and or removing the same from the said Lands” and to remove all agents, employees, workmen, machinery, vehicles and equipment.
This was in accordance with the Order of the Court which it quotes saying that all further activities must be stayed on the land pending the application for a judicial review
However local campaigners have taken numerous evidential pictures to show that the Yayasan operation to strip out as much of the timber as it can as fast as possible has continued despite that order.
Sarawak Report has seen pictures dated Friday 27th November that document a vast scale of continuing activity with offices open and management staff occupying the area whilst logging continues. Fleets of transportation vehicles continued on that day to extract the now illegal timber and bring it to the port where heavy cargos were loaded for export.
Of course, the same Sabah government has a stunning track record when it comes to allegations of graft and scandal, so such behaviour will surprise nobody when there is money to be made.
