Tuesday, November 23

Masing: Common Law takes precedence over Land Code

KUCHING: Parti Rakyat Sarawak has expressed concern over the ‘quarrels’ between native land owners and the state government over claims of native customary rights land.

“The quarrels between native land owners are not a big problem; it can be settled. What concern us are the quarrels between the native land owners and the state government.

“The quarrels over what constitutes NCR land and what is state land, “
said PRS President James Masing.

Laterally, there are hundreds of claims and counter claims over the status of land between the land owners and the government.

So far more than 200 cases of land disputes are now pending hearing in the court.

Explaining PRS’ position after chairing its supreme council meeting on Saturday (20 Nov), Masing believed that the current exercise by the state government to survey NCR land and State land is a move in the right direction.

“Once we know which one is NCR land and which one is state land, and then the issue of conflict between the NCR land owners and the government will not arise anymore,” said Masing, who is also the Land Development Minister.

“We are concerned, because we are a party that represents the native communities and we want to ensure that the security of their land must be protected,” he said.

Masing said that one of the things they discussed in their meeting was a land report presented by its Land committee which had made a number of recommendations and observance.

“What I found out the most interesting in the report is that the Common Law takes precedence over the Land Code. This Common Law has the support of the Federal Constitution and the International Law.

“Common Law means the acquisition of land by traditional means. At the moment we may have slight problems that the Land Code does engender.

“How best we put them together so that we do not in conflict with the Common Law. And we have to tread on it carefully,”
he said, adding that some of the amendments to the Land Code seemed to be in conflict with the Common Law.

“As a party representing the rural communities, this is our concern. We are not saying that the government is wrong. Let us synchronize the conflict.

“We must look into this seriously,”
he added.

On the proposals recommended by the report, Masing said: “We have a long discussion on this report and how best we can develop NCR land. We have to look at it in terms of the concept and the proposal from the legal point of the land code that governs the NCR land.

“On the concept and the legal aspect, what I found the most interesting is that thereis a lot of inadequacy that the NCRland concept that we have.

“And they did the comparison of the NCR land concept with SALCRA. Even though SALCRA may not give that much as compared with FELCRA or FELDA, yet according to the report more people are agreeable to SALCRA than with the NCR land development that we have.

“As I told you before that my ministry is looking for ways and means as to how best we can improve NCR land development and giving more beneficiaries to the land owners,” he said.


Anonymous said...

“We are concerned, because we are a party that represents the native communities and we want to ensure that the security of their land must be protected,” Masing the hypocrite said.

This man without dignity said he is represents his communities, meaning the IBAN community timely when the general/state election is around the corner. When he win the election and in power, he MIA. Why only now you talk about your concern and become the Iban national hero when all this time you keep mum when bn goverment robbed our NCR land? Where are you Masing The Hypocrite when Iban longhouses bulldozed by the goverment in the name of development? Where are Masing??? Under the Taib's armpit??? It does not matter how much you would like to "berjasa" to our Iban community, because it not worth it anymore. WE, THE IBAN ARE NO LONGER TRUST YOUR MOUTH THAT SPEW NOTHING BUT SHIT! You are no other than the Taib's dog that licked his balls.

Apai Semalau said...

Masing's Land Development ministry is a lame duck! In the past decade we witnessed numerous amendments to the Land code that usurps the common law rights of communal land owners. Was Masing not a proponent to these amendments? Why didn't he form an arbitration body to settle the 200 disputes before the court actions? Walk the talk. Need we remind him that talk is cheap. As a dayak, I am embarassed by Masing's inaction all these years.
Show us some real actions taken if he desires our votes otherwise its all nothing but "cakap angin" cheap publicity. "cakap angin" will only guarantee his exit in the next election.

apai irau said...

This minister only realizes the importance of NCR to the Natives particularly the Dayaks now.Where has he been to? Of course the common law takes precedence,where were this minister legal heads been to all this while?.No wonder this Mr.Minister has been Mr.YES to what Taib does to our NCR all the while,just realized?what a surprise.OK,now Mr.Minister,i dare you to table an amendment to our Land code,at least back to the earlier provisions of how a native is said to have acquired or obtained a NCR land.Now,the relevant provisions are not favourable to the natives at all. You dare,walk the talk,otherwise what you said here are just election gimmick.

Anonymous said...

James Masing is a chicken and he only whispered when it comes to matters related to state gov't. He is scared that he might offended the bloody white hair.He is not fit to represent the dayaks and should be thrown out.
If James Masing truly represent the dayaks then he should hold a press conference and warn that idiot white hair that the state gov't must stop stealing NCR land. All land that are supposed to belong to dayak must be properly survey.Come on Ikan Masing, walk the talk and don't hide behind white hair and be his running dog.
Tell us honestly what have you been doing for the dayaks since you become PRS president! I dare say NOTHING.What say you!

Sri Belalang said...

May I ask James Masing.

According to your partner, Awang Tengah, all land not surveyed or any land not issued with a land title, including land under NCR claim, is government land. To my understanding, all Iban/Dayak longhouses do not have land titles. Does it mean that the Iban/Dayak are occupying state land and as such they are considered as`squatters`?

Are you the son of a squatter, James?

To the people in the longhouses, the land where their longhouses are situated are native land, but to the government all such land are state land. Do you agree with that, James?

Anonymous said...

All the critics in this forum can express their views very well. Now is it time to translate your criticism into votes during the next GE? Or do we expect your votes to be sold for RM200 each come election time? And maybe a few crates of beer with the compliments from Barisan on the eve of polling would erase all your steel-hardened resolve?

Ambai Punai said...

Dear friends,

Masing's statement -Genuine or otherwise is a separate matter. The fact that he speaks (on the matter) deserves appreciation. A big kudos to you James.

But what has happened to the other Dayak ministers especially Jabu???

Anonymous said...

Common law of course predated Land Code (Cap. 81), 1958.Consequently it has been overtaken by the written law - the land code that embodies the Torren Land Laws.
S. 5(1) & (2) of our Land Code (before they were amended) provides ncr land may be created by, inter alia, "any lawful methods". That was a semblance of common law. With the amendment that provision was replaced by "a need for proof" to show "an occupation in fact is in place" over a particular piece of land otherwise such land is 'state land'.
The new amendment is not necessary bad. In fact the need for proof of occupation to establish ownership can be a blessing in disguise. People can then not take their land for granted without doing anything to it. And when they do clear their lands and plant crops or other things they beget incomes and or foods.They bring access roads to their land and over time the value of their land will appreciate.
Masing's statement, I think so, is about the bigger picture. The current disputes between Dayaks and the big plantation companies over land given to the latter that are found to be, at least as they alleged it, encroaching over the lands of the former. These disputes are mostly in the rural parts of the State which, like it or not, is bound to have impact on politics. Especially so as these land developments being the pet project of the BN administration are aimed at generating rural economies to benefit rural populace.
Objectively looking at it while the idea is good, the problems that oftentimes resulted in disputes are brought to court for settlement arise out of greed. The so-called joint-venture 60:30:10 land development projects between investors:ncr land owners: LCDA are all benefitting the investors and the LCDA. The natives are mere side watchers. The investors normally establish many subsidiary companies: e.g. one company for a function of the whole project. Through these subsidiaries the money and profits are channeled. In the end the j-v company only subsists on paper. Hence the natives will get no dividend or bonus. In the meantime LCDA will collect and keep the 40 % of the land value, so called, in trust for the natives. The investors will declare to LCDA any profit or loss. A few examples I have seen, not mentioned here for want of space,each year after year the natives are fed with the news that the j-v company has not recovered it losses. I have checked on the companies' record and found that surprisingly the nominees of the natives sitting in the Board of Directors are people who are not entirely related to the local natives. These directors are paid huge amount of salaries and contribute to making losses for the j-v company. Those appointed native directors of course are having to do with affirmative actions as per art. 153 of our federal constitution.
Get rid of the greed, implement the affirmative action aforesaid by appointing representative of the local native in the Board of Directors, and monitor the management of the j-v companies to prevent them from siphoning profit through subsidiaries companies. and the natives will see the profit derived from these ventures. By getting rid of greed the land development policy can still work. Alas, 'getting rid of greed' is a very tall order. It will not happen because investors would normally want to maximize profits, and to get their return on investment (ROI) in a short possible time.
My gut feeling is there is no point in talking about 'common law predated Land Code'. It does not serve any purpose. Our economic planners will only say in response: "so what! empty land brings no returns. And No money can be garnered from common law anyway!".
To be fair to Masing I don't think he has the means to, no mater how much he wants to bring about,change.
Patrick Anek Uren.

Anonymous said...

If not mistaken, Masing recently said the BN would consider the Konsep Sewa or Konsep Pajak as part of NCR lands development. (Assume that it is some form of land rentals to the Dayak landowners)

That's a good idea but Awang Tanah said any untitled NCR lands = state lands.

Certainly Konsep Sewa or Konsep Pajak if implemented (Puji Tuhan!) surely must settle the land title issuance first. Otherwise how to distribute any form of wealth distribution if based on land acreage/land size? The bigger lands being used/rented by plantation companies, the bigger land rentals the Dayak can demand and get monthly.

Looks like James Masing must tell Awang Tanah to issue land title first to the Dayak NCR landowners before any oil palm project commence. No such thing as chicken and egg here. No land title, no deal. No deal, no sewa tanah NCR.

If James Masing keep on playing with words just like Awang Tanah, the Dayak can never have a better deal in plantation projects but always get a lopsided deal - few BN cronies get 60 percent share but thousands of Dayaks scramble for 30 percent share (under Konsep Baru lah). Is it fair?

That's why land title issuance is a must first. Not only can demand better or higher Konsep Baru share percentage, but also can demand monthly NCR land rentals (Konsep Sewa). RM500 / acre monthly is fine. Imagine a Dayak family with 1,000 acres of land. Hardcore poor among Dayaks is a history then. Go and ask any Chinese landowner to rent their lands for free, full-frontal profanity awaits you. So why Dayak landowners cannot get land rentals?

Come on James Masing, Konsep Sewa together with Konsep Baru is the better option so don't tell us it is impossible to do...but for BN cronies get easy money it's always possible...

If James Masing can fix it RM500 / acre to any Dayak NCR landowners in plantation projects, he is much better candidate to replace Jabu as DCM! Ohhhaaa!

Anonymous said...

This James Masing is bullshiting, while all this while he have been silent on NCR land only when the election is around the corner he seems to be cared for the Dayak/Iban predicament. He cannot said that PRS is Dayak based party repersenting Dayak interest unless the constitution be amended then may be (which I doubt ).

Ganeng said...

Dear Anonymous, YES my criticism was and is always translated into votes against the people who oppressed the Dayak. What is lacking is the effort of all of us who do not go to the ground to counter BN scare tactics during election time. Are we willing to do that? Do not blame the rural voters. They lack information on current developments. We cannot rely solely on opposition politicians to reach out to them. It must be a concerted effort from all of us.
To the youth out there, please register and vote cos you can't rely on others to decide on your future......

Anonymous said...

Dont worry, Masing will be the future Chief Minister of Sarawak. So good news then all Dayak-owned NCR, will be surveyed and identfied but will also be surrendered to big companies like what Aki Taib has done, is doing and will continue to do till he is gone. Aki Taib just back from Haji, has already the inspiration of the state poll date, so be prepared with your every vote to tell him OFF

Anonymous said...

You know lah why Masing is making Bising Bising now? Election coming soon lah...has to make a little more bising bising like a Dayak Hero. His PRS represents the Dayaks of Sarawak, in what ways?

Anonymous said...

Whatever Masing says now does not offend anyone. Not even the old chimp. As long as he can fish in votes, say whatever he wants. Later on share the loot. The end justify the means! DAYAKS don't be fooled and conned again!!!

Anonymous said...

during pbds time, masing was accused by anthony liman and gabriel adit of being a poor goalkeeper. as representative of pbds in the government, he was supposed to protect the party's and dayaks' interests, but he didnt. he spread his legs wide open to let the goal in, instead of stopping the ball. now, he sings a different tune. come on lah, masing.

Anonymous said...

All land that does not have title are James Masing and Awang Tengah's land. They like untitled land becos it it so cheap. They only pay token.So when they steal the land they ask the Land and Survey to survey the land and issue title. In this way they can get cheap land. So that's why they don't like land to be survey as it will make the land more expensive for them and also the dayaks will sell the survey titled land to the chinese.
So the real thief is James Masing, Awany tengah and all those who kept quiet about giving NCR land title.