NGOs and CSOs Express Alarm Over Legal Implication of Shah Alam Community Forest Degazettement (1)
The Bukit Cherakah case is now fixed for a final decision on 1 April 2026 to be conducted physically at the Federal Court.
This case will be important in settling the law on two main issues:
Firstly, the legality of backdating a gazette notification, which has far-reaching implications, not only for the status of forests, but anything that requires publication in the gazette;
Secondly, the determination of when time starts to run for filing a judicial review action – the High Court and Court of Appeal both held that this is from the backdated date i.e. 22 years ago, and not the date of publication of the gazette notification.
The decision of the Court of Appeal as it currently stands provides a legal loophole to escape accountability via the judicial review process as it allows backdating of laws and prevents affected parties from challenging a decision via judicial review as time starts to run from the backdated date and not the date it was published or made known to the affected party.
It is hoped that the Federal Court will make a good decision on the matter as it will set a very strong judicial precedent. Please help raise awareness and discussions on the implications of this case with full of respect for the judiciary.
Let’s strive for a better future for our forests and for all Malaysians.
SACF Society’s IG/Facebook post on the decision date:
SACF Society’s IG/Facebook post on the decision date:
