According to The Borneo Post today (Feb 11), Parti Bersatu Sabah (PBS) deputy president Maximus Ongkilili disagreed with the state attorney general Roderic Fernandez’s interpretation of native customary right (NCR) land provision in the Sabah Land Ordinance (SLO) that there is ‘no NCR land after 1930’.
Describing it as a wrong interpretation, he said that unlike in Sarawak there is no cut-off point in the context of
“If you look at the state land ordinance very closely, it does not say that. I am a not lawyer by training, but I have some basic law training and I think it is a wrong interpretation because the judgment of the High Court of Borneo over the years have recognised the basis of NCR land established in Sabah.
“I think that is sad. That is a dangerous statement,” said Ongkilili, who is a federal minister of science, technology and innovation.
Now what is interesting here is that Ongkilili dares to say something against the attorney general of
Sabah and the state government. He dares to say that AG was wrong in his interpretation of the land code in respect of NCR land in Sabah.
In Sarawak, none of the Dayak leaders in state Barisan Nasional dares to say anything against the AG of Sarawak and the Chief Minister for not only wrongly interpreting the Sarawak Land Code in respect of the NCR land, but also for refusing to accept the decision of the Court including the Apex court.
The AG, who is very much anti-Dayaks owing NCR land always argues in the Court that NCR land does not include "Pemakai menua" and "Pulau galau". He just refuses to accept the Apex court decision on this.
In the court one after another of the NCR land cases are won by the native landowners through lawyers like Baru Bian, See Chee How, Paul Raja, John Antau and Harrison Ngau to name of the few brave lawyers.
But where are our Dayak ministers and Dayak elected representatives? Don’t they have any conscience when they know that some of the NCR landowners are their grand-parents, parents, brothers and relatives whose lands have been taken away and given to oil palm and timber companies?
Not only they don’t hear their cries for help, but they are part and parcel of the state government’s tools and mercenaries (or Ghurkha soldiers as Edwin Dundang, former SNAP President described them). (Ghurkha soldiers are employed by some Sultans to protect them from their own people).
I recall in June 2000 sitting of the state legislative assembly during which the state government passed an amendment to the
code in respect of the NCR land. Sarawak Land
All Dayak assemblymen supported the amendment which is very damaging to NCR land and which is the roots of today’s problem with NCR land.
One Dayak minister who was overzealous of supporting the amendment described it as ‘a gawai gift for the Dayaks’, while another minister said that the passing of the amendment was “a jewel in the crown of Barisan Nasional".
“In that sense, they are the ones who are mercenaries used by others to kill our own people,” said Baru Bian, Sarawak PKR chief.