The Shah Alam Community Forest (SACF) is a lush and vibrant forest located within the Bukit Cherakah forest reserve. It is a haven for biodiversity, providing a habitat for a wide range of plant and animal species. The canopy of the forest is a breathtaking sight, with towering trees reaching towards the sky and creating a green oasis in the midst of urban development.
However, the SACF is currently facing a legal loophole that threatens its protection and sets a dangerous precedent for all forest reserves in Malaysia. The Selangor government recently published a gazette notification that backdated the degazetting of the SACF by 22 years. This means that the protected status of the forest reserve was removed in 2000, without following the proper legal procedures.
The backdating of the degazetting decision bypassed important requirements, such as the need for a public inquiry before removing forest reserve land from protection. This loophole allows the government to avoid scrutiny and accountability, undermining the principles of good governance, transparency, and environmental protection.
The Shah Alam Community Forest Society (SACF Society) and Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) have challenged the degazetting in court through a judicial review process. However, their application was rejected by both the Shah Alam High Court and the Court of Appeal on technical grounds.
The Court of Appeal ruled that the judicial review application was filed out of time, as it should have been made within three months of the backdated date in 2000. This decision highlights the need for a more robust legal framework to prevent such loopholes from being exploited in the future.
The case is now before the Federal Court for a final appeal, scheduled for 11 July. The decision of the Federal Court will have far-reaching consequences in upholding procedural and environmental justice in Malaysia. It is crucial for the protection of our forests and the wellbeing of all Malaysians.
Numerous NGOs and civil society organizations have come together in solidarity with SACF Society and Peka in their appeal to the Federal Court. These organizations are calling for the support of the general public in this cause, as the outcome of this case will impact conservation efforts across the country.
The SACF case is not just about one forest reserve; it is about upholding the principles of justice, freedom, and solidarity in Malaysia. It is about ensuring that our forests are protected for future generations and that the rule of law is upheld in all decision-making processes.
As concerned citizens, we must stand together to defend our forests and hold the government accountable for its actions. The outcome of the SACF case will set a precedent for how we protect our natural heritage and ensure a sustainable future for all Malaysians. Let us join hands in this important fight for environmental justice and the preservation of our forests.