11-May-23 14:00
Abraham Au, Constitutional Lawyer, Messers G.S. Nijar | Kiu Jia Yaw, Co-Deputy Chair and Co-chair, Bar Council Environment & Climate Change Committee and Malaysian CSO-SDG Alliance
Just last month, the Federal Court delivered its decision on the Taman Rimba Kiara case, where the panel comprising Chief Judge of Malaya Mohamad Zabidin Mohd Diah, Justice Nallini Pathmanathan and Justice Rhodzariah Bujang, unanimously decided that the development order obtained in 2017 by the joint venture of Yayasan Wilayah Persekutuan and Developer Memang Perkasa Sdn Bhd for the Taman Rimba Kiara project is null and void. This decision is a landmark victory for all those who fought to preserve Taman Rimba Kiara, a much loved public space and green lung in the Klang Valley. We discuss the outcome of the legal case and how the landmark ruling will impact other public litigation cases in the country with two lawyers - Abraham Au, a Constitutional Lawyer with Messers G.S. Nijar, who appeared for the residents, and Kiu Jia Yaw, the Co-Deputy Chair of the Bar Council Environment & Climate Change Committee and the co-chair of the Malaysian CSO-SDG Alliance. On a broader scale, taking into account that Malaysia does not have an explicit recognition of environmental rights in our Constitution, we also discuss whether we should push for an amendment of our Federal Constitution to expressly recognise access to a clean, healthy and sustainable environment, as a fundamental right.
Image Credit: Facebook