Court favours landowners in Sepik SABL case

116, 144 hectares of customary land have been restored to the people of Turubu LLG in the Wewak District and half of Sausso in Yangoru-Sauso district, East Sepik Province.

The customary land described as Special Agriculture and Business Lease (SABL) portion 144c was granted to the Sepik Oil Palm Plantation back in 2008 for development but after a long court battle between customary landowners and developers, the Supreme Court agreed with the National Court’s decision to revoke the SABL.

Planting of oil palm, and any associated activities in relation to oil palm planting, construction of any infrastructure, logging road, loading of logs onto ships, and employing of labour are now illegal.

A slip rule application was refused last week (Oct 25) to the Directors of Limawo Holdings and Sepik Oil Palm project by Justice Terrence Higgins.

They filed for slip rule and sought leave to apply for the Slip rule application citing procedural issue on the landowners’ representative capacity but leave was refused by Justice Terrance Higgins on Oct 25, reinforcing the lower court’s orders of July 4, 2014, which quashed the decision made by the Secretary for Lands and Physical Planning on Sept 2, 2008.

On Sept 2, 2008, Pepi Kimas as Secretary for Lands and Physical Planning granted a Special Agriculture and Business Lease (SABL) over an area of land, described as portion 144c, in the East Sepik Province.

In 2011, Leo Maniwa on behalf of the Kowiru villagers and others filed a case in the Waigani National Court, against Aron Malijiwi as the Directors of Limawo Holdings and Sepik Oil Palm project.

Others also listed as respondents in the judicial review case are Hui Teck Lau- in his capacity as the Director for Wewak Agriculture Development and Director for Sepik Oil Palm Plantation Ltd, Limawo Holdings Ltd, Wewak Agriculture Development Ltd, Sepik Oil Palm Plantation, Puka Temu as Minister for Lands and Physical Planning (back in 2008), Pepi Kimas as Secretary for Lands and Physical Planning (in 2008) and the state.

The Landowners in the case are from Turubu LLG in Wewak District and Sausso LLG in Yangoru-Sausso District, East Sepik Province. The Land consists of 116,114 hectares of customary land which includes the entire villages, their burial and sacred sites, sago and other trees on their customary land from Turubu LLG, Wewak District and half of Sausso in Yangoru-Sausso district, East Sepik.

The National Court on July 4, 2014 quashed the decision made by the Secretary for Lands and Physical Planning on Sept 2,2008 to grant a SABL over portion 144c, in the East Sepik Province.

Justice Gavara-Nanu ordered that SABL granted to Sepik Oil Palm Plantation Ltd by the Minister then on Sept 2,2008 is null and void and of no effect.

A Supreme Court appeal was filed by the Director for Wewak Agriculture Development and Director for Sepik Oil Palm Plantation Ltd, Hui Teck Lau and others in 2014 against Leo Maniwa and the Kwiru villagers and others including Minister Temu, Secretary Kimas and the State.

The Supreme Court on Aug 31, 2016 dismissed that appeal and confirmed the findings and orders that the National Court has earlier issued.

 

 

Author: 
Sally Pokiton