KUALA LUMPUR: The Attorney-General’s Chambers (AGC) has objected to a judicial review bid by six young activists seeking to compel the natural resources and environmental sustainability minister and the government to stop rapid deforestation and maintain at least 50% forest cover.
Their lawyer, Lim Wei Jiet, told reporters today that the AGC opposed the application on the grounds that forestry is a matter of public policy beyond the court’s jurisdiction.
The AGC also argued that the activists lacked the legal standing to bring the case, he said.
"We say that the applicants (activists) have real and genuine interest in forestry issues because of their backgrounds in climate change.
"They are bringing this case as a public interest litigation because they want to protect the forests for future generations," he said.
High Court judge Azizan Md Arshad fixed Dec 9 to decide whether to grant the activists leave to proceed with the judicial review.
The application was filed on Feb 28 by Lim Hoi Sean, Sitti Fatimah Abd Samat, Winona Elisha Jemak Raymond, Lee Yu Dong, Adom Teh and Amira Aliya Aziz.
They are seeking a mandamus for the government to take all necessary measures, including through the National Land Council, to achieve and maintain 50% forest cover, with progress updates every 90 days.
They also want a declaration that their rights to life and equality under Article 5(1) and Article 8(1) of the Federal Constitution have been violated.
They claim that the government's inaction violated principles, including the doctrine of legitimate expectation, based on decades of promises to maintain 50% forest cover, and the public trust doctrine, which requires that natural resources be protected for the public and future generations rather than given to private interests.
Lim is assisted by lawyers Nevyn Vinosh Venudran and Tharshana Sivananthan.
Federal counsel Safiyyah Omar appeared for the government, while Kuhan Manokaran, Abang Iwawan Abang Narawi and Kelvin Pillay held watching briefs for the Malaysian Bar, the Human Rights Commission of Malaysia and the World Wide Fund for Nature, respectively.