Malaysiakini（http://www.malaysiakini.com）
Court to hear church's bid to quash demolition order, 24 November 2011
The Machap Umboo Chapel for Orang Asli has filed a judicial review application which will be heard at the Malacca High Court tomorrow, to challenge a demolition order by the Alor Gajah Town Council dated Sept 20.
In a statement, the chapel committee expressed sadness that the chapel, which was completed in March 2011 and located within Orang Asli Temuan customary land, was served a demolition notice by the Alor Gajah Town Council on Sept 20, 2011.
“The land where the chapel is located was approved by the state authority as an aboriginal reserve pursuant to the Aboriginal Peoples Act 1954 in 1960 but is yet to be gazetted after more than 40 years.
“The chapel is used as a place of worship by the Temuan residents of Kampung Machap Umboo and surrounding areas. We were neither consulted nor given the opportunity to state our case to the town council regarding the erection of the chapel,” they said.
They expressed disappointment with the council for failing to take into account:
• the constitutional right of Temuan residents of Kampung Machap Umboo to profess and practice the Christian faith; and
• the special position of Orang Asli within their customary lands (tanah adat), and the constitutional duty of the federal and state governments to protect these lands.
Following this, a member of the chapel committee and Orang Asli resident Heerby bt Siam has applied for leave (permission) to be granted to apply for judicial review to challenge the decision of the Alor Gajah Town council to issue the notice of demolition.
Relief sought
The application will be heard tomorrow and among the relief sought are:
• that leave be granted to apply for a certiorari order to quash the Notice of Demolition dated Sept 20, 2011;
• that leave be granted for a mandamus order to compel the Malacca state government to take all necessary steps to gazette the land known as Kampung Orang Asli Machap Umboo as Aboriginal Reserve Land;
• that leave be granted to the applicant to apply for a declaration that the failure to take all necessary steps to cause the gazetting of the said Kampung Orang Asli Machap Umboo as Aboriginal Reserve Land is a breach of the constitutional, statutory and fiduciary duties of the state government and therefore its act is contrary to the legitimate expectations of the applicant;
• that leave be granted to apply for a declaration that it is the constitutional, statutory and fiduciary duty of the Malacca government and within her legitimate expectation that the state government take all steps to protect the the Orang Asli Kampung of Machap Umboo from being encroached upon by non-Orang Asli peoples;
• leave be granted to the applicant to apply for a declaration that she is a native customary title holder in respect of Kampung Orang Asli Machap Umboo; and,
• there be a stay of the demolition order until the final disposal of the application.
The 10-member committee hopes that the Temuan tribe is allowed to enjoy their constitutional rights, as Orang Asli and Malaysians, including the right to practise and profess the religion of Christianity in the chapel located within their customary lands.
(End)
