Amend outdated land laws, DCCI tells govt KUCHING: The state government should review outdated land laws, especially those related to native customary rights (NCR) land, to enable the Dayaks to prosper. The Dayaks would continue to remain poor if outdated land laws were not updated to enhance the value of NCR land, said Tan Sri Celestine Ujang Jilan, deputy president of the Dayak Chamber of Commerce and Industry (DCCI), here yesterday. He said the recent Federal Court ruling against the sale of NCR land from one Iban to another Iban from another area corroborated the long-held view that NCR land has low economic value. “At the moment, it looks like all land laws involving NCR land are outdated. This will hamper efforts to make the Dayaks richer through their land,” he told The Borneo Post. Ujang said DCCI members could not use their land as collateral for loans as their asset has low economic value when compared to mixed zone land. “Such scenario is true even when the NCR land is lying adjacent to a mixed zone land. A case in point is a piece of NCR land in Tabuan Jaya. That piece of land was valued at RM1.5 million but the mixed zone land next to it fetched more than RM10 million,” he lamented. Ujang said this was unfair to the Dayaks. “DCCI wants all outdated land laws to be reviewed to suit the modern economy.” Ujang said he found it insulting when people remarked that Dayaks were rich as they had plenty of land. Ujang also urged the keeper of customs and traditions at the Sarawak Adat Istiadat Office to amend the `Tusun Tunggu’ in relation to the provision of Tungkus Asi as consideration for NCR land transfers from one owner to other relatives. “This adat (custom) is outdated and should be amended to make sure all NCR land become useful assets to the natives in this modern economy. This (Tungkus Asi) has been a stumbling block to the Dayak business community.” Last Thursday, the Federal Court in Putrajaya ruled that NCR land cannot be transferred by sale and purchase agreements. The court made this ruling when dismissing the appeal by Bisi Jinggot against the lower courts’ decisions to refuse him a declaration that he had acquired NCRs over several lots of land at Sungai Agas in Matang, here. Bisi, originally from Julau, alleged he entered into eight sale and purchase agreements with a number of Ibans to purchase the land, and he had paid them the purchase monies. He claimed the vendors had prior to 1958 created NCRs over the land. Bisi named the superintendent of Land & Survey Kuching, the state government of Sarawak, the scouts commissioner for Sarawak, and Lembaga Kebajikan Darul Falah, now the registered owner of part of the land claimed by Bisi, as the respondents in the case. The land in dispute was used as the site for scouts’ jamborees, and for the filming of the Hollywood movie ‘Farewell to the King’. Rights of the original feller of virgin jungle who occupied the felled area for farming have rights to the land (specifically Temuda), which may be inherited by his heirs. But they may lose it by abandoning the area. The court also held that no NCR land so acquired over the Temuda by a native may be sold to another person who does not belong to the same community. But such land may be inherited, or if the owner of the land moved from the longhouse he may transfer his NCR land to relatives such as cousins, who in turn would provide him with Tungkus Asi. The court agreed with the state government that the eight Sale and Purchase agreements signed by Bisi were also conditional upon the government alienating the land by issuing titles to the Ibans who purportedly sold the land to Bisi. It was said this custom of Tungkus Asi had been upheld in a number of decisions by the Native Court of Appeal in Sarawak. In Bisi’s case, the condition was not fulfilled, as the title of the land was granted to Lembaga Kebajikan Darul Falah. Hence, the eight agreements were legally ineffectual for the purpose of transferring rights over the land to Bisi. The court ruled that since Bisi’s alleged acquisition of the land was neither in accordance with native (Iban) customs nor in a manner provided in the Land Code, the alleged acquisition was unlawful. His appeal was dismissed with costs, totaling RM20,000 to the respondents. On Friday, Land Development Minister Tan Sri Dr James Jemut Masing concurred there should be a review, saying the ruling was based on an outdated perception of Dayak demographic patterns in the state. He said at present the Dayaks were no longer confined to areas of their birth, as they are working and residing all over the state. “This ruling (by Federal Court) limits them to acquire NCR land in areas of their current residence or employment. Freedom for Dayaks to make better living should not be restricted by outdated laws. “However, I agree with laws that will restrict non-Dayaks from purchasing NCR land to prevent sale for quick cash and render them landless,” he said. A day later, Sarawak Dayak National Union (SDNU) called for a review of all land code, laws or ordinance. Its vice-president Anthony Banyan said Dayak leaders should initiate a review to address land problems which affect the community. “The legality of all deals like joint ventures on NCR land may be affected (following the court ruling). If that were the case, then NCR land in joint ventures and development projects should now be given back to NCR land owners,” he insisted. Anthony said the only advantage from the court ruling was that it provided assurance that native customary rights over land are well protected and maintained. BP 15/7/13
Posted on: Tue, 16 Jul 2013 01:51:32 +0000
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