Monday, September 26

State Govt lost again

SIBU: The State government lost yet another case of dispute over native customary rights (NCR) land to the natives this time at Budu, Krian, Saratok, prompting Baru Bian, the natives’ legal counsel to say that it is a clear proof of land grab by the present government.

“Today (23 September), another judgment handed down by the High Court in Sabah and Sarawak at Sibu, is another clear proof that the land grab by the present State Government of Native Customary Land (NCL) in Sarawak is on the rise,” Bian, who is Sarawak PKR chief said.

He was commenting on the natives’ victory against a company Vita Hill Sdn Bhd, the Director of Forests and the state government.

The plaintiffs who are all Iban natives of Sarawak, headed by their longhouse Chief or Tuai Rumah Gayan anak Tupai, and three others brought a legal action on their own behalf, as well as on behalf of 15 other residents who claimed to be proprietors, occupiers, and claimants of Native Customary Rights (NCR) land approximately 3,308.15 acres.

The land is situated at their longhouse known as Rumah Gayan, Dassey, Budu, Krian, Saratok, Sarawak, against three defendants a timber licensee Vita Hill Sdn Bhd and the issuing authority, the Director of Forests, Sarawak and the State Government of Sarawak.

The plaintiffs claimed that on or about the 13th day of June 2006, without the knowledge and/or consent of the plaintiffs, the Director of Forests Sarawak, the second defendant had issued out to the Vita Hill Sdn Bhd, the first defendant a Timber Licence No. T/3456, which area includes or overlaps onto the plaintiffs’ NCR Land.

The Plaintiffs had proven in the trial that the first defendant and/or their servants or agents had constructed timber roads or feeder roads on the plaintiffs’ said NCR Land and therefore trespassing thereon causing extensive damages.

Bian said the plaintiffs amongst other things also claimed that there was no extinguishment of the plaintiffs’ NCR within the land covered by the said Timber Licence before the same was issued to the first defendant and/or no provision as to compensation in accordance with the Land Code of Sarawak, Forest Ordinance Sarawak and the Federal Constitution was ever made or paid to the Plaintiffs.

Therefore alienation of the said timber licence is unlawful, unconstitutional, and improper and therefore the plaintiffs said that the issuance of the timber licence was null and void.

Further, the plaintiffs argued that the said timber licence is subject to their NCR and therefore their NCR should prevail over the said Timber Licence.

The High Court Judge Puan Yew Jen Kie, handed down her judgment on Friday afternoon concurring with the plaintiffs’ claims, made the following orders:

· A declaration that the Plaintiffs had acquired and/or inherited Native title and/or Native Customary Rights (NCR) and/or usufructuary rights over the said NCR Land as claimed by the plaintiffs.

· A declaration that the first defendant and/or their servants or agents had trespassed upon the said NCR Land of the Plaintiffs.

· A declaration that the said timber licence T/3456, is subject to the plaintiffs’ said Native title and/or Native Customary Rights (NCR) and/or usufructuary rights over the said NCR Land.

The Court ordered that as a consequence order the area under the said timber licence No. T/3456, be rectified to exclude the area claimed by the plaintiffs as their native title and/or native customary rights and/or usufructuary rights land.

The Court also ordered that an injunction restraining the first defendant and/or its employees, servants and/or agents from trespassing, clearing, using or occupying the plaintiffs’ said NCR land.

The judge said that an order that the plaintiffs be given vacant possession of their said NCR Land and the first defendant and/or its employees, servants and/or agents to cease operations and remove all structures and their equipments or machineries from the Plaintiffs’ said NCR Land forthwith.

She said that the damages suffered by the plaintiffs be assessed by the Senior Assistant Registrar of the High Court.

Bian said that it is interesting to note that the plaintiffs went back into their history to prove their case. They claimed that they are the fifth generation of Ibans who occupied the said NCR Land since the time of their ancestors Luyoh Anak Rekan when Sarawak was still under the control of the Brunei Sultanate.

Some documentary proofs like Occupation Tickets issued in the 1930s to some of the Plaintiffs and their parents were evidences of legal occupation.

More recent proofs were the fact that the plaintiffs were compensated by the State Government due to the construction of a public road in 2001 across their NCR Land, Bian said.

The plaintiffs were represented by their Counsel Mr. Baru Bian of Messrs Baru Bian Advocates & Solicitors, Kuching, the first defendant Vita Hill Sdn Bhd by Puan Siti Norashidah Binti Dollah of Messrs Huang & Co., Sibu, and the second and third Defendants, who are the Director of Forests Sarawak and State Government of Sarawak respectively were represented by legal Officer Joseph Chioh Hock Hua.

Bian said: “We welcome this judgment and hope that it would inspire others to fight on to defend their NCR over land in Sarawak, notwithstanding the possibility that the Government of Sarawak may yet appeal against another judgment favouring the natives of Sarawak as in other cases won before this.

“If indeed the State Government and her present political leaders are true to their words of respecting NCR over land in Sarawak and the Court’s judgments as such as this, they should not appeal against this judgment.

“On the other hand, I wish to urge the natives of Sarawak to think really hard of taking the alternative and most effective means of resolving this NCR land issues vis-à-vis logging companies, plantation companies, quarry licences and dams constructions which had driven them to squatters and illegal occupiers status upon their own NCR land by voting for Pakatan Rakyat in the next General Election.

“This is because only a Pakatan Rakyat Government at the Federal and State level could understand the plight of the natives in Sarawak over their NCR land issues and has the political will to resolve it,” said Bian who is the assemblyman for Ba’Kelalan.

19 comments:

Banting said...

The judge`s decision is to brush aside Jabu`s claim that the government had never snatched people`s land. Even SUHAKAM admitted that there were reports on intrusion into NCR land by logging and plantation companies and those who made the police reports on land intrusions were interrogated like criminals.

FairviewBetong said...

I just do not understand a small group of individuals who just for the fun of it condemn the grand good old master, the hougansiau YAB Tan Sri Jabu.

Don't you all for a minute accept the the fact that YAB Tan Sri Jabu is almost next to Petara Iban. He goes to church every sunday. Miring at the longhouse in every functions. From his tears & sweat, the Dayak Iban community has benefitted so much and he never declare his achievement.

The success of Land development project is a classic example of the many success stories and achievement of YAB Tan Sri Jabu.

Being a minister in charge of the dayak community, YAB Tan Sri Jabu is dutybound to PROTECT the interests,rights and culture of his race. He never complain.

When he sees that there are some resistence from landowners to leave their land for development by the people with money, YAB Tan Sri Jabu cries his heart out because the landowners action only deprive themselves of the benefits therefrom.

TAB Tan Sri, on his own do not even have an inch of land apart from some pieces he bought from willing sellers.

YAB Tan Sri Jabu is a man of full intergready, no scandal, no uncalled for activities. He is fit to be a priest.

I can full the page to provide testimony for YAB Tan Sri Jabu but prefer to hear more from Banting. Please reply.

Banting said...

Mr. FairviewBetong,

Don`t get me wrong. I made comment based on the relevant issues raised up in the article. May be I would like to hear your opinion on this issue " it is a clear proof of land grab by the present government."

I quote here what Jabu had said as reported in the media " Don`t politicise land policy. Report to the police if the government has snatched your land. Snatching is the same as stealing." He further said that he was disappointed that there were Dayak intellectuals and leaders who still used government`s land policy as an issue to turn the people against the Barisan Nasional government.

It is your wright to interfacing with your loved one YB Tan Sri Jabu. Yes, verbalize your love, admiration and appreciation for him. Praise him frequently and reassure him constantly. Let him know your are always on his side and that you are always supportive of him.

FairviewBetong said...

Mr. Banting Sir,

The relevancy of each case is subjective in nature. One can scale the matter his own way but by whose standard?

The government as far as i am given to understand does not rob or grab NCR land. In all the cases under dispute, there are documentary evidence that the landowners has agreed by putting on either their (thumb) print or for the more educated one, their signature for the government or its agent to develope their land. So WHERE IS LAND GRAB???

Fifteen years ago, NCR land were lying idle. It brought no benefit to the landowners. Then came Tab Sri Jabu and his team of dedicated ministers in the person of Tan Sri Masing , Tan Sri Mawan and Datuk Michael Manyin, the wheel of fortune started to generate steady and unimaginable income to the Dayak people especially the Ibans through the land scheme.

Just listen to WaiFM as well as Cats radio as you shall be briefed and updated on the plan and programme of the government for the dayak people.

Every other hours you hear advertisement in Iban language inviting students into joining Segi College, Cosmo college etc etc. Can you say the government is not serious and sincere in wanting to help out the Iban?

To conclude, i hope you shall immediately "BERTAUBAT". Through this blog just register your apologies to YAB Tan Sri Jabu, Tan Sri Masing and Tan Sri Mawan for what you may have wrongly expressed your opinion about them.

Can i hear from you soon? Thank you

Bok pisin dunggol manok said...

I like this fella,Fairview Betong.His admiration of Jabu not only make me laugh but,true,has made me vomited.To Fairview Betong ,what is your basis of measurement for Jabu' status?.Are you using Dachin mata keli or Dachin RM to measure him. Name me of the people(other than you),Dayak association or organisation and churches the has accorded Jabu the status of 'grand good old master','hougan siou','paramount chief','next to petara',priest and whatnot. Malu meh mimit.Even how much you like,or adore or worship a person,do not say anything which is beyond imagination.Apply reasonableness ,not foolishness.

Anonymous said...

The heading should be ' state govt WRONG again' or guilty again.

Apai Semalau said...

Quote FairviewBetong
"He goes to church every sunday. Miring at the longhouse in every functions".
Believing in God and then worshipping the spirits is call "hyprocite". You have painted a picture of a hypocrite paramount chief. Do await and collect your state award from "your grand good old master, the hougansiau YAB Tan Sri Jabu" real soon for doing such a fine apple polishing job.....

Jambu Batu said...

My name is Jabu.Be reminded that i am not Tan Sri Jabu though.My age is about the same as TS jabu and the way i act and talk also almost like TS Jabu. My ancestors origin is from Indonesia having chinese blood .Therefore,i am not an Iban per se and as such i don't really care for the Ibans or Dayaks.During hard times in Indonesia,my ancestor moved to Sarawak through Singkawang and later got married to a woman in Betong.That is all about my family tree .Luckily almost all my kids like to marry foreigners or chinese for if not then i have to explain my family tree according to Adat Iban betusut during their marriage.That 's why every time my kid got married i did not have the "betusut' tradition which i m afraid to do as my ancestor is ' orang kampar'.

Apai irau said...

Well done Fairview Betong.The Jabu Government never robbed natives NCR and yet hundreds of NCR cases involving the government were filed in court.Where was your PROPHET JABU when people in Niah took laws into their hands to protect their land? Where was your PARAMOUNT CHIEF Jabu when the natives of Tebedu and Pantu were forced to raise their arms to protect their land? Where is your GRAND MASTER Jabu when every day we hear of government taking people's land? I guess,Fairview Betong is just 'another bluff' employed to polish Jabu's asshole,not more than that.

Banting said...

To Mr. FairviewBetong,

How old are you? You talk like a child, you assume,and you speculate.

Why should I tender my apologies to the three Iban ministers? Can you quote my comments that have any imputation concerning them, intending to harm, or knowing or having reason to believe that such imputation will harm their reputation, or my comments which are calculated to cause pecuniary damage to them?

My friend, I never write nonsensical things which are from the truth and created issues which are not true, spread rumours and slanderous statement.

May be you should apologise to me for your allegation against me. I can still trace your identity even though you are hiding behind pen name.

The Broken Shield, please publish.

Banting said...

correction.......I never write nonsensical things which are far from the truth....

FairviewBetong said...

Mr. Banting sir,

Apologies has never been part of our culture and for you to declare your refusal to do the same is well within the confine of our ego system.

My simple question is, do you stand by your statement that the court's decision brushed aside YAB Tan Sri Jabu's claim that (the)government had never snatched people's land?

Will you apologise when suddenly you realise that YAB Tan Sri was correct with his statement?

Will you reveal (through this blog) if you have prove contrary to what YAB Tan Sri Jabu had claimed with regard to NCR land matters?

Apology may come later if you still feel it necessary to start the new trend but for now i challenge you to provide the above.

Banting said...

FairviewBetong,

I do not want to answer a stupid question from a stupid person.

FairviewBetong said...

Mr. Banting sir,

The key word here is substantiate.

Anyone can say anything but it does not hold water or credibility if you cannot substantiate your claim.

Anyway, i am pleased and grateful to YAB Pehin Seri for having been kind and considerate enough to appoint YB Robert Lawson Chuat as an Assistant Minister. This goes to prove that we in Betong are blessed to have YB Datuk Uggah (a full federal minister), YAB Tan Sri Datuk Patinggi Alfred Jabu as Deputy Chief Minister of Sarawak and his close relative YB Robert Chuat as Assistant Minister.

Is it not a great reward for YAB Tan Sri Jabu and the dayak (iban) people for being loyal to our beloved CM.

I hope my friend Mr. Banting can learn from us and not just being critical of our paramount chief the ever wise man of current time YAB Tan Sri Jabu and his lieutenants Tan Sri Masing and Tan Sri Mawan.

The three Tah Sris are a reward to the dayaks says Tan Sri Masing in Kapit. Lets put our hands together..........Hip hip hooray, hip hip hooray......

My regards to Mr. Banting

Anonymous said...

The Court's ruling is 'not for the fun of it'. After much deliberation on the matter of the facts, evidences and records, how could FarviewBetong think or deny wht injustice the govt has done to the NCR land owners. Are we becoming smart, just knowing what is right from wrong, but not wise, by doing what is wrong and not doing what is right. That's wht happen in a political system when one is allowed to stay in power for far too long, and to breed little Napoleans, opportunists, kaki ampu, and worst still worship his master above GOD! May GOD have mercy on us

Apai irau said...

Here comes a "Layar Cult" leader,resembling the al-arqam,whose followers would admire,adore,idiolise and even draw a pararrell between their leader and the prophet or even God. So to Banting and the other honest commentators,please do not carried away with Fairview Betong,the cult leader's provocation.Let him praise THESE TAN SILLIES in the name of Jabu,mawan and masing the whole of his life.

Banting said...

Apai Irau,

Thanks for your concerned. I am not a rural voter mentality, knows only so-called development fund or instant noodles projects. They cannot easily influence me of their good at singing but no substance in lyrics.

FairviewBetong said...

In our effort to preserve our Iban adat, i propose that ALL IBAN should appropriately address our saviours i.e. YAB Tan Sri Datuk Patinggi Alfred Jabu, YB Tan Sri James Jemut Masing and YB Tan Sri William Mawan Ikom by their title Tan Sri.

I came across some unethical Iban addressing them by their name in their comment.

It is high time we practise respecting our leaders more so their saviourship for the Iban community. If our beloved CM of Sarawak YAB Pehin Seri can adress them properly, i do not see any reason why we should be disrespectful.

At least learn from us Betongites.

Looking forward to seeing changes of attitude from Banting and Apai Irau for a start.

Thank you

Apai irau said...

Worry not Fairview,i will follow the protocol when mentioning your"second to none" names.Besides the TANG SILLIES,i propose their honorary titles should be mentioned before their actual names.E.g,as for Jabu,his name should be written as follows;YANG DIKASIHI TANG SILLY HUGUNSIOU PARAMOUNT CHIEF THE DAYAK PROTECTOR SAVIOR PRIEST PROPHET JABU.Is it enough Fairview?Tell me if those divine honorary titles are not sufficient,may be i can "accord" some more.