Sunday, October 11

Land owners sue Pelita and Sarawak Government

Sibu – Nearly 200 NCR land owners in Kanowit have now filed a legal action in the Sibu High Court Registry against Pelita Holdings Sdn Bhd, the Sibu Superintendent of Lands and Surveys and the State Government of Sarawak for allegedly failing to protect their interests in the said NCR lands against investors at Sg. Kelimut, Kanowit District.

The Pelita Holdings Sdn Bhd, being a government agency, became their trustee when their NCR lands were developed into an oil palm plantation in 1996. It was to safeguard and protect their interests from being cheated.

During the launching of the plantation by Chief Minister Abdul Taib Mahmud in August 1996, it was hailed as a “model” joint-venture between an investor and NCR land owners.

But 13 years later, the land owners who failed to benefit from the joint venture have now sued the government.

Kadam Anak Embuyang, Genta Anak Saka, Bartholomew Aji Lanyau, Rimong Anak Jantan and Laja @ Meris Anak Augustine Igoh have filed the writ of summons on 14 September through Messrs Baru Bian Advocates and Solicitors on behalf of themselves and 163 other NCR land owners whose lands were situated at Sg. Kelimut, Kanowit District also known as Block D1 in Kanowit District.

In the writ, they want the Court to declare that the defendants either jointly or severally were negligent in not ensuring that the investors profitably develop their NCR land as guaranteed to the land owners.

Alternatively, they want also a declaration that they were defrauded by misrepresentation that the said venture in developing their land would bring profits to them.

They want the Court also to declare a mandatory injunction against Pelita Holdings Sdn Bhd, its employees or servants or agents to cease operations and remove all structure and their equipments or machineries from the said NCR lands.

The plaintiffs want the Court to award them exemplary and aggravated damages.

In their statement of claim, the landowners said they were at all material times have created, acquired and inherited the native customary rights over the land and said that Pelita Holdings was assigned as trustee for their interests, rights, shares and estate through the development of their NCR lands into oil palm plantation.

They said that they were to receive profits or benefits after four years of planting oil palm on their NCR lands and the Pelita Holdings and State government were in breach of their trust as the development of the NCR land was a total failure with no foreseeable opportunity of making money or bring benefits or profits.

They said they were informed by the investors at a meeting in Kanowit that the joint venture on the NCR land with Pelita Holdings “has never achieved any profits so far” but was losing more than RM100 million.

As a result, the landowners suffered losses and damages as a consequence of the defendants’ negligence and or breach of trust.- The Broken Shield



Anonymous said...

DONT EVER GO INTO JOINT VENTURE WITH CROOKS!! why should the poor people of sarawak bother giving them(the corrupt) any more money if the corrupt are already rich?

this is common scenario in sarawak. the current corrupt leaders wont help the poor people of sarawak if it wont benefit them.

instead, the people of sarawak should look for leaders that would honestly helping them without expecting something that would benefits the leaders back! that is truly the kind of leaders who really deserves praise.

these corrupt leaders promises that they would bring development.
but "promises are like pie crusts, made to be broken." see what happen now? these poor people are suing these companies for the breach of trust!

A promise of development to these corrupt leaders mean nothing. Just there to give them time to make more money for themselves.

history has proven it, they are more concerned about making more and more oil palm plantations, logging industries, robbing natural resources through project like SCORE (Sarawak Corridor of Renewable Energy), making dams that would not help the poor people at all, instead of building infrastructures and facilities like roads, hospitals,schools and all other economic activities that would benefit the poor.

so tell me now people of sarawak, why would you vote for leaders that would help you only if development suits them but not suits you?

Banting said...

The truth prevails. The landowners in Kanowit confirmed that since 1996 (14 years) the joint-ventures to develop their NCR land with the oil palm plantation company have not benefited them, although they had been promised to get their shares within four years. Maybe the landowners in other areas could face similar problems. When the landowners tried to defend their NCR land from being used by the oil palm plantation companies, the government and the ministers accused the opposition for instigating them.

Jabu even blamed the bloggers for abusing and misusing the internet by discrediting him and salcra, instigated the people against salcra`s efforts in improving the livelihood of rural people.

But what has happened to the landowners in Kanowit speaks for itself.As I can see it, the landowners have not benefited through joint-ventures to develop their land for commercial purposes. What that I knew, through joint-ventures, the landowners would have 30 per cent equity and were given advanced payment.

Anonymous said...

Sue all you want becos it's at your own risk when you sign on that paper without proper consultation.

Many have fallen into this deadly trap when they are make to feel it will bring them wealth.

Time and again it's shear greed that leads to failure like this. If they have consult the proper channel, they won't be in this shit.

Many have thought that to go JV with the state gov't is like eating on a silver plate and sleeping on a bed full of roses.

But remember the gov't hold the gun and you all hold the barrel.Tell me which JV with the crooks make you all rich. Only the cronies reap the golden harvest.

And let me remind you all once again that what happen today is also the direct result of you all voting this same gov't for 46 years.

They have turn arrogant and they become the boss and you are the servant when infact we should be the boss and they are our true servant.

Look at Batang Ai! keep voting them and we will see more stealing , robbing, rapping,cheating, suppression,sidelined etc.I have no grudge against all but I only hope the dayaks will wake up by now.

This land is not theirs but ours.We will die with our hands gripping tightly to this land, for this land are given to us by our forefathers.Not a inch will be lost.

Agom said...

So dayak BN YBs, stop trying to lure dayaks to surrender their NCR land to the oil palm plantation companies for joint-ventures if you cannot guarantee the landowners getting their shares.

Now, who is to be blamed on what had happened to the landowners in Kanowit, the opposition or the government?

Are these politics of development supposed to benefit the landowners, or politics of shouting here and there mooted by the opposition remaining the landowners not to fall into a trap of irresponsible and corrupted people?

Agom said...


correction....remaining should be spelt as reminding.

" Not a single race in Sarawak will be left out from enjoying the politics of development. Those who practise politics by shouting here and there cannot do all these.' Taib said.

Anonymous said...
(noun) from the Greek for "rule of the people", whereby citizens have the power to choose their leadersand live in a society characterized by freedom and justice.

But today here, right before our eyes, true democracy still eludes us and the people are been fed with the wrong information. They are been openly bride to vote for this corrupted gov't.

All of this wrongdoings are supported and perpetuated with the help of those very people who are thought to be their so call leaders.

We blame not others but their choice of leaders and if still they are willing to be bribe and voted blindly, then no one can really help them. They are the one to be blame.

So much have been said about their mentality but none have step forward to help.Only they change themselves before we can change others.

God perish the corrupted and save the suppressed. This land is forever ours!

Anonymous said...

Yes we have to stop to go into joint venture with Pelita. This Pelita definetly unable to give 'Light'as it has not enough 'kerosine'. Pelita is now doing almost a similar problem to the people of Sungei Besai (Pantu). It has not even paid the land compensation to the landowners inspite the fact that the palm oil has produced fruit after almost 5 years, and what more to say in paying the landowners of their shares.STOP SURRENDER YOUR LAND TO PELITA, PLEASE.

Anonymous said...

Two dayak to be blamed for this failure i.e Datu Ujang and Martin Uning. Thanks you Investors for giving them a Mont Blac pen after signing the JVC.

Awang Tanah... laut lungau. Bisi penulah nuan enda lama agi Jang Tanah. Jako bisa ... Adakah ia madah ke orang mangkang perintah isu tanah nya "Jahil"?

I may not be malay but word jahil does not suit to describe my rights over our acenstors' land.

Ia nya baru Jalilliah laban ia ngambi tanah orang.

Anonymous said...

yes, we can appoint others to help us, give them our money, our land to develop and then we just reap the money. But now today and tomorrow.. will always be a harsh world, nobody would help us even though u can change our leader and take the opposition to lead us. The final answer would be learn from our mistakes and do it ourselves, not being depended on others.