Abstract
This article looks into the issues surrounding the concept of land ownership by the indigenous people in Malaysia. The policies of Commonwealth and state governments in Australia which were once influenced and constrained by cases like Mabo No 2 now act to sideline Aboriginal customary interests in land. This is in contrast to the position in Malaysia, in which the courts have continued to develop the law of Indigenous land rights extrapolating from Mabo No 2. The article outlines the development of the law in the controversial case of Sagong bin Tasi which is pending appeal in the Malaysian Federal Court. The scope and application of ‘sui generis’ Indigenous rights will be tested in this case.
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