Ipoh, 22 September 2005
Another disgraceful court judgment was delivered today at the Ipoh High Court, allowing an appeal by Guthrie Sdn Bhd for summary judgment for vacant possession of the housing quarters occupied by its former workers in Kamiri Estate, Sg Siput.
The system demands that judges think in a box. Despite that, some judges do make bold and fearless decisions. But the judge in this case, V.T. Singham was not going to use his powers to interpret the law in a manner that would mete out justice. He shamelessly decided this ‘is not a moral court, this is a court of law,’ where appeals to the conscience or sympathy cannot be entertained. He further carried on as spokesman for the bosses by saying that ‘workers can’t hold the employers for ransom and ask for what’s unreasonable.’ What chance of justice is there for the poor at the courts with judges so overtly biased in favour of the rich and mighty?
The courtroom, which was packed with over 150 people from Kamiri Estate and supporters from the network of oppressed communities in Perak, was in silence throughout the delivery of the judgment. Then unexpectedly, as the judge rose, thunderous shouts of ‘Hidup Pekerja!’ broke the silence. Another phase in the struggle of the Kamiri Estate workers for justice had just begun, and they were undaunted by defeat at the kangaroo courts.
On 31/12/99, the workers of Kamiri Estate were retrenched due to crop conversion and later on given notices to vacate their living quarters. The retrenchment benefits offered to this third generation workers by the plantation giant was the minimum under the Employment Act, which comes to about RM330 per year of service, or about RM10,000 for thirty years of service.
The Kamiri Estate workers refused to vacate their quarters without obtaining a higher quantum of compensation. The workers’ demands for better compensation were legitimate as Guthrie had promised them alternative housing. Besides, the company had failed to implement the estate house ownership scheme initiated by the late premier, Tun Razak.
Over and above all this, the Kamiri workers demand for a more equitable compensation is founded on the right to their share of the wealth they have created but not received as workers earning below poverty line wages.
Neither the company, which rakes in a profit of RM400 million a year, nor the government, which owns 75% of the shares in Guthrie have tried to respond to the countless letters and memorandum presented to them in the last 5 years.
Instead of negotiating, Guthrie through their legal firm, Skrine, filed a summons for summary judgment in August 2002, which was dismissed with costs by the Registrar in June 2003. Guthrie then filed an appeal with the High Court, which handed down a decision today.
Every single counter claim of the workers was dismissed as non-triable and undeserving of a full trial. V. T. Singham simplified the entire case into a question of whether the defendants as former workers have a right to continue occupying their quarters after ceasing employment. He was not able or not prepared to look deeper into the issue, about legitimate expectations, promises made by Guthrie and equity. Indeed, his judgment based on his perspective of the issue, could have been written in a few short hours by a layperson of the establishment.
Notwithstanding lousy judgments like this learned judge’s, the struggle of the Kamiri workers for justice will go on. The new phase of struggle got off to a grand start immediately after the court case when the 150 people marched from the court to the state secretariat to demand an appointment with the Chief Minister of Perak.
The future of the plantation workers cannot be left in the hands of the courts nor the box.
