‘Durian runtoh’ for native landowners

SIMUNJAN:  More than 120 native landowners from Kpg. Keniong, Kpg. Tebun, Kpg. Temiang and Kpg Sungai Raya in Simunjan District have every reason to celebrate Gawai Dayak. Just before Gawai a cheque for RM11,000 was paid to each family.

  

A few weeks earlier, each family had been paid RM16,000. The money was part of the RM12 million paid by a company as compensation for their fruit trees, cash crops, farm land, pulau galau and pemakai menua destroyed by the company.

Each family is expected to receive between RM50,000 and RM100,000 depending on the size of their NCR land.

When the company was given licence to extract timber form their "pulau galau" and "pemakai menua" which are part of their NCR land more than six years ago, the natives initiated a legal suit against the company. Recently they won the case.

On the other hand, more than 200 other landowners from the four kampungs willingly surrendered their land to the same company and each family was paid RM150.

In the morning they received the amount and later in the evening most of the landowners spent all the RM150. Not only that, they lost their land also. 

For these landowners who prefer quick money  will not only regret for the rest of their life, but will be condemned by their children’s children.

This should serve as a lesson to all landowners.

Simunjan OCPD Sued

KUCHING: Two activists, Numpang Anak Suntai and Nicholas Mujah Anak Ason have jointly filed a RM280,000 legal suit at the Kuching High Court against DSP Choo Yin Kok and Sgt. A. Ramlee OKK Hj. Binsin, both of Simunjan Police station for false imprisonment.

Numpang is also suing the police officers for malicious prosecution.

The Government of Malaysia is also named as the third defendant in the suit.

Apart from the RM280,000.00 claim, the plaintiffs also claim  general damages, exemplary damages and or aggravated damages to be assessed by the Court and interest thereon at the rate of 8% from October 22, 2010 to the date of judgment and thereafter at the of 8% per annum to date of full payment and realisation.

They also claim damages, costs and such further or other relief as the Court deems just.

Numpang who hails from Kpg. Bajong Ili is a retiree, while Mujah who comes from Kpg. Ensika, Sebangan is the Secretary General of Sarawak Dayak Iban Association (SADIA).

On or about October 20, 2010, Numpang was called by Corporal Hadi from the Simunjan Police Station to be present at the Police Station for a discussion.

As he was having medical treatment in Kuching at that time, Numpang agreed to go to the Simunjan Police station on October 22, 2010.

When he arrived at the Police Station at about 2.20 pm, he was informed that he was arrested for suspicion of ‘mischief by fire’ in connection with the fire that occurred at a logging camp owned a timber companies.

He was detained and was ordered to be put in the Police lock-up.

The following day (October 23) Numpang was taken before the district officer of Simunjan for a further remand and again sent to the Police lock-up and he remained imprisoned until he was released on Monday, October 25, 2010 at about 10.20 am.

He was released without making any plea or any charge proffered against him. Nor was he ordered to appear before the magistrate.

Numpang claimed that his arrest and detention was without reasonable or probable cause and therefore unlawful and illegal.

He alleged that his arrest and detention was tainted with malice.

Numpang was never charged for ‘mischief by fire’ as was informed by the DSP Choo.

DSP Choo or his officers did not have any discussion with the plaintiff or failed to interview him. Instead he was put in the Police lock-up without any valid reasons or grounds or reasonable or probable cause.

The plaintiff had suffered shame and or damages as a result of the illegal arrest and detention or false imprisonment and or the action of the first defendant and was traumatised by his experience.

On malicious prosecution against him, Numpang was asked to appear before a magistrate Court in Serian on December 15, 2010 and was charged by the Public Prosecutor for ‘criminal intimidation’ for words that he allegedly uttered to the representatives of the said companies (Quality Concrete Sdn Bhd and Loyal Billion Sdn Bhd) on October 18, 2010 at the logging camp in Rantau, Sebangan.

The case was heard before the Magistrate court in Simunjan on February 16, 2011, and on March 10, 2011 the Magistrate delivered his ruling that the Public Prosecutor had failed to establish any prima facie case against him.

Numpang was discharged amounting to an acquittal.

The Public Prosecutor appealed and after a number of postpones, the Public Prosecutor withdrew the case.

On Mujah’s case, he was at Pulau Bruit, Mukah on October 22, 2010 when he received a call from Corporal Hadi asking him to be present at the Simunjan Police Station.

Mujah presented himself at the Police Station on October 23, 2010 and was arrested at 2.20 pm for suspicion of ‘mischief by fire’ in connection with the fire that occurred at the logging camp of the two companies at Selabyu, Sebangan.

He was detained and was ordered to be put in the Police lock-up until he was not released at about 10.20 am on October 25, 2010 without any charge proffered against him nor was he ordered to appear before the Magistrate.

Without prejudice to the above, there was no reasonable ground for remanding him.

Mujah had suffered shame and or damages as a result of the illegal arrest and detention or false imprisonment and or the action of the Police officers who are under the employment of the Malaysian Government, the third defendant.

He claimed he was traumatised by his experiences.

16 tractors torched by Iban landowners

KUCHING:   Sixteen excavators/tractors worth several million ringgits belonging to Tabong Haji (TH) were alleged to have been torched by Iban landowners early this morning.

The incident happened between Kpg. Temiang and Kpg. Keniong, Simunjan/Punda road, Simunjan.

More than 300 landowners from about 20 longhouses were alleged to have been present in the area. So far five persons have been arrested.

The majority of 300 landowners insisted of being arrested in order to show their solidarity and at the same time they wanted to be fed by the Police.

A spokesman for the landowners said that Tabong Haji and its workers have been warned not to encroach into their land and to destroy their farms and fruit trees.

Several Police reports have been lodged against Tabong Haji, but the Police have not responded to their complaints.

Two weeks ago, the landowners brought their case to the Human Rights Commission Malaysia (Suhakam) in a public hearing in Serian.

Contacted by FMT, Dominique Ng, a legal counsel for the landowners said that he was informed that 16 excavators or tractors were burnt, pointing out that it could be the work of the workers themselves in order to put the blame on the landowners.

He said that the landowner had accused the TH of relentless and illegal encroachments into their NCR land despite many protests by the natives and continued to destroy their farms and fruit trees.

Ng, the former Padungan assemblyman said that it was also the same area where Rimunan Hijau had amicably settled the dispute with the landowners in court.

Ng was their lawyer.

Several NCR land cases in Sarawak are involved TH and Pelita, many of which are pending hearing in the High Court.

Meanwhile, the Officer in Charge of Simunjan Police station was not available for comment.

Two interesting news items

Two interesting news items appeared in The Borneo Post and in the Star on 4 November (Thursday) which the readers of this blog may want to comment.

(1) Bayoi warns Opposition not to raise land issues

In The Borneo Post, Frederick Bayoi Manggie (BN-Kedup) yesterday issued a stern warning to those still raising land issues to fish for votes and support.

According to him, land was no more an issue and those who persist in raising the issue to incite hatred against the BN government face the risk “of being chases away from the kampongs”.

“I suggest that those who always use land as an issue to stir the people’s mind to hate and reject Barisan Nasional to stop it right away because once you use this issue of this nature, you will be chased away from that kampung,” Bayoi said when debating the 2011 state budget which was tabled by Chief Minister Pehin Sri Abdul Taib Mahmud on Monday.

He commended the initiative of the federal and state government to survey native customary rights (NCR) land which will start at the end of this year.

“All the owners of native customary land in the state have all these years been waiting and expecting the government to survey their land which is very precious and dear to them,” Bayoi said.

“It is hoped that there will be no or fewer land problems in the rural areas.”

Bayoi also appealed to the government to get rid of red tapes whenever villagers apply for their lands to be surveyed.

“Our people now have high expectation of BN to survey their native customary right land. Please kindly do not fail to meet this high expectation.

“If there are technical problems which may cause delays in surveying their land, please help them to rectify the problems in a very diplomatic manner so that the people will always be happy and have high confidence in our government to them.”

(2) Verify land with dept first

In the Star, Community leaders or “tuai rumah” found certifying transactions for native customary rights (NCR) land without verifying them with the Land and Survey Department will be taken to court.

Planning and Resource Management Assistant Minister Mohd Naroden Majais told the State Assembly yesterday that these community leaders would be charged under Section 210(e) of the Land Code which carries a fine or a jail term.

“The worst scenario is when these “tuai rumah” certify the wrong land which could belong to others, causing disputes and quarrels,” he said during question time.

He said for joint venture projects, landowners and investors should consult the department first to verify the status of a particular parcel of land to avoid running foul of the law.

“Investors would risk losing big,” Naroden warned.

“Furthermore, for any genuine NCR land, the investor must be either a native or have been deemed a native for the purpose of developing the land under the provision of the Land Code. Otherwise the agreement would not be proper".

Naroden said this was why the government encouraged NCR land to be developed under the new development concept in which the Land Custody Development Authority was entrusted as the managing agent. – The Broken Shield

Naroden the biggest taker of NCR land

KUCHING: Naroden bin Majais, assistant minister of planning and resource management, who denied that the government has never taken native customary rights land from the people, has now been identified as the biggest taker of native customary right land leased by the government in Simunjan.

“Naroden is a blatant liar to say that the government has never taken NCR land from the people, because he himself through eight companies is the biggest taker of NCR land,” said Nicholas Mujah, Secretary General of Sarawak Dayak Iban Association.

He was reacting to remarks by Naroden that the government has never taken NCR land from the people.

Mujah said: “In fact Naroden himself is among Chief Minister Abdul Taib Mahmud’s cronies who have been given large areas of NCR land in and around Gedong and Simunjan for the planting oil palm.

“He is the one colluding with the companies,” he said, pointing out that according to the 2005 Report of Land and Survey Department, Naroden had shares in eight companies operating in Simunjan and Gedong areas.

Many of the people who become victims of this land grabbing are Ibans and Malays, some of them not only are his supporters, but also his relatives, he said.

Naroden is the state assemblyman for Simunjan.

According to the 2005 Reports of the Land and Survey Department, a total of 16,486 hectares of land, the bulk of it is NCR land has been given to the assistant minister’s companies, namely:

#1) Pelita Nirwana Muhibbah S/B given lease to develop 4,555 hectares of land at Tanjong Midin, Serian;

#2) Gedong Plantation S/B given lease to develop 3,770 hectares at Lot 2981, Batang Karang, Gedong;

#3) Gedong Plantation S/B given lease to develop 3480 hectares at Lot 2980, Gedong;

#4) Hydroflow S/B was given 2182 hectares at Lot 1226 at Batang Sadong;

#5) Hydroflow S/B was given 593 hectares at Lot 1227 at Lubuk Teba, Gedong;

#6) Indranika Jaya S/B was given 189 hectares at Lot 1228 at Tanjung Embang, Simunjan; and

#7) Indranika S/B was given 1717 hectares at Tanjung Sap, Simunjan.

Mujah said that some of the Malays in Gedong, some of them are his relatives are suing Melor Gemilang for taking away their land. Naroden is alleged to have shares in the company.

“These are what you know, but there are more companies you do not know,” said Mujah, who is also a member of the steering committee of Jaringan Orang Asal SeMalaysia (Malaysian network of indigenous people).

He cited an example of Orang Asli where their lands have been taken by the previous government of Selangor; but after a Pakatan government took over, the government revoked the case of Sagong Tasi against Government and returned the land to the owners.

“I stand to be challenged in court to prove my point that Naroden has some shares in these companies,” Mujah said, and urged the assistant minister to revoke all the pending NCR land cases in the court in order to save people’s time, money and worry.

Mujah said that Naroden was reported to be the richest man in Simunjan because of the oil palm so much so that he is locally known as the “king of oil palm in Simunjan.”

“How can he tell lie when there are more than 200 court cases whereby the natives are suing the government for taking away their land?"

All these cases are still pending in court, he said.

Commenting on the same issue, Baru Bian, a prominent NCR lawyer said a thief will never admit he is a thief nor a robber will admit he is a robber.

“The 200 cases in court is a proof that the government has been issuing provisional lease and logging licences and other licences covering NCR land.

“Naroden is known to be associated with many companies with provisional leases for oil palm plantations and he is believed to be a nominee for Chief Minister, so I don’t expect him to admit that the government is taking away NCR land,” he said.

Gawai Dayak has added meaning to Simunjan people

The 2010 Gawai Dayak has an added meaning to the longhouse people along the Simunjan Road because they are able to have contacts with the outside world after the installation of an ICT tower in the Kpg. Ruan area, all because of the efforts of YB Datuk Joseph Salang Gandum, Deputy Minister of Information, Communication and Culture.

Many overseas workers who were unable to return for the Gawai Dayak were able to contact their parents and relatives. For instance, my son, Rudy Tawie, who is studying for his PhD (civil engineering) in South Korea, was able to contact our Kpg. Sungai Semabang, Simunjan to convey his Gawai greetings to us.

It was indeed a very happy moment and a very special meaning to us to be able to speak to my son and his family. We would like to express our sincere thanks to YB Datuk Salang.

We were also able to use our internet connections through Celcom broadband and followed what was happening around the country especially on the minor cabinet reshuffle announced by Prime Minister Najib.

However, the services need to be upgraded as the lines sometimes “putus”.

While I conveyed our Gawai Dayak greetings to YB Datuk Salang, I also informed him of our problems. He promised to speak to the local authorities to improve the ICT services in the Simunjan area.

Meanwhile, Gawai Dayak was celebrated modestly by the people of our village. It was an occasion to meet our relatives and friends.

The Gawai began with the drinking of “ai Pengayu” (long life water) at the stroke of midnight on 31 May. This was followed by various cultural events till the early morning of the 1 June.

At 10.00 am, all the people of Sungai Semabang gathered at the ruai of Tuai Rumah Sipi Anak Narang where the festival continued with cultural performances, drinking and eating.

Later in the afternoon, all they came to our humble house where delicious foods such as pansoh manok, panggang manok, pansoh jani, and so on were served to the pengabang (visitors).

Source: http://www.thebrokenshield.blogspot.com/

Jetty's family members after the drinking of "ai Pengayu". They have to open their shirts in order to get rid of 'bad luck' and welcome the new Gawai spirit.

Mr. Juah performing the "ngajat"

Native laws need to be reviewed

KUCHING - The Chief Judge of the High Court of Sabah and Sarawak Tan Sri Datuk Seri Panglima Richard Melanjun suggested that the current set of native laws should be reviewed in order to keep up with the time and modernisation.

He said that the native courts of Sabah and Sarawak are still active, but the laws need to be relevant in modern society.

“The native laws are good for the rural folks so that they do not have to go to town to acquire justice,” he said at the launch of a ‘Business Law’ textbook and stressed that the native laws must be maintained to preserve native cultural heritage in Sabah and Sarawak.

Native laws have been around for quite awhile, but they have not been taken care of, he lamented.

“We need to refurbish the native laws, keep the good ones and put aside others. If they are not reviewed or updated, people may not use them anymore one day,” he said.

The native courts in Sarawak were divided into Headman’s Court, the Chief’s Court, the Chief’s Superior Court and the Native District Court.

(a) A Headman’s Court may be constituted by a Tuai Rumah sitting with two assessors. It may impose fines not exceeding RM300 (three hundred ringgit).

(b) A Chief’s Court may be constituted by a Penghulu sitting with two Tuai Rumahs to assist him. It has power to impose imprisonment not exceeding six (6) months and a fine not exceeding (RM2,000) two thousand ringgit.

(c) A Chief’s Superior Court may be constituted by a Temenggong or a Pemanca, or both Temenggong and Pemanca sitting in either case with two assessors. It has power to impose imprisonment not exceeding one (1) year and a fine not exceeding RM3,000 (three thousand ringgit).

(d) A District Native Court shall consist of a magistrate and two assessors. It has power to impose imprisonment not exceeding two (2) years and a fine not exceeding RM5,000 (five thousand ringgit).

Jetty’s comment: We agree that the Native laws need to be updated and the Native courts to be given proper respect. I have bitter experiences with a Chief’s Court in Simunjan way back in 1996/1997. A Penghulu, who presided the case and assisted by two Tuai Rumahs, did not know his law. He told me “alah nuan” (you lost the case). No reasons were given why I lost the case. “Nuan enda puas ati, nuan tau ngapil” (If you are not satisfied, you can appeal).

Later I found out three things why I lost the case regarding our land, which was claimed by someone else. One, he was a PBB man as he was appointed by PBB to be a Penghulu and as a PBB man he would rule against those who were in the Opposition; two, he was given some money by my opponent and three, he was not conversant with native laws.

I lodged a complaint with the District Officer, Simunjan and his Penghuluship was terminated. Luckily he was not charged in court for corruption. My case was then heard by the Chief’s Superior Court. Of course I won, because the land is really ours.

In another case in the Chief’s Court, a friend of mine lost the case simply because the Penghulu did not dare to make a decision, so the case was neither win nor loss (sama-sama menang tauka sama sama kalah). The case happened in 1998. My friend appealed to the higher court that is the Chief’s Superior Court. He paid the deposit. Until today, more than 10 years nothing is heard of the appeal.

I have heard there are literary several hundreds of cases pending appeal in Simunjan alone. I am sure there are also unsolved cases in other districts.

Is this justice? How can we have respect for the Native Courts when those presiding such cases do not understand the native laws? No wonder the Chief Justice wants review to be carried out in the Native Courts and the native system of laws. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Iban Natives mount blockades against logging company

SIMUNJAN SARAWAK: About 120 Iban natives including women from Kampung Ensika, Kampung Entanggor, Kampung Tungkah Iban, Kampung Arus Sebangan are in full force once again setting up blockades to defend their communal land and forest from being destroyed by a logging company Hock Tong Hin (forest licence Holder of T/5090) and its contractor Forest Wealt Sdn Bhd.

This is the second time they have set up blockades to save their communal forest. The previous blockade was made on 14th day September 2006 and subsequently a suit was filed in 2007 (Suit No 22-118-2007) against the same licencee (Hock Tong Hin) which then their contractor was Roundtree Timber Sdn Bhd. The case trial has been set on the 8th December 2009.

Their spokesman, Nicholas Mujah said he had made a police report on the incident at the Simunjan Police Station on 9th September 2009 and also lodged a complaint with the Sarawak Forest Corporation whom he believed is the authority entrusted by the government of the day to deal with logging thief in the state.

“I am very much saddened and of grave concern with no action by authorities to stop government’s assets and monies being stolen in a bright daylight,” he said, alleging suspicious collusion between the SFC especially SAPU section and the logging company.

Mujah further said that when he and colleagues went to SFC office at Serian on the 8th September 2009 to check the validity of the said logging operation, they met one man who later acknowledged himself from the logging concession T/5090. He was seen to really control the office (like just sitting all over the tables belonging to the corporation freely as if on our first glance he was the boss there).

Mujah said: “And when told that the man is the officer from the logging company I approached him about our complaint. He told me that he can only say that I have to refer my complaint to their head office in Kuching.”

Mujah, however met the officer in charge by the name of David Mohamad who took down his little statement. The said officer had promised to call him in a few days later while making arrangement for a transport for field investigation.

Until today the officer has not called to him, claimed Mujah.

Meanwhile at the blockade site the natives had successfully met the “mandor” and stopped the locomotive laden logs from removing them from the communal area.

The blockade is still going on for the third day running. The people are yet to meet the police as normally expected.

Nicholas also said that the people are determined to defend their land and forest even if there are arrests to be made by the police.

“I am already immune to this situation and I will face the authorities and challenged them in the court of justice if my people are harassed or intimidated,” he said. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

100 families against DD Plantations developing their land

A 64-year old grandmother, Daha Ak Penghulu Nunsang has been having sleepless nights since 29 April 2009, the day when DD plantations and Pelita holding announced that they had signed agreement with 94 longhouse chiefs to develop some 9,629 hectares of land in the Kpg. Samalatong/Kpg. Isu/Kpg. Kepayang area.

The wife of the late school teacher Adun anak Buang, Daha is not the only one worried, as there are over 100 families from six longhouses having the same worry – that their lands have been signed away by a few community leaders to DD plantations for the planting of oil palm without their knowledge and agreement.

What makes Daha very angry is that Temenggong Anthony Ngipa, the leader who signs the people’s land with DD plantations is her brother-in-law, who is married to her younger sister.

It is understood Daha confronted Temenggong Anthony and asked him why did he want to “sell” their land to DD Plantations? She asked him to go back to his own village at Sebangan and not to speak on their behalf regarding their land.

“You have no right to sell our land,” she was reported to have told him in front of so many people.

There are five or six persons believed to be involved in this scheme whose real aim is targeting the communal forests behind the longhouses. These communal forests are part of the NCR land as decided by the Federal Court. Any one taking away these communal forests is committing a serious offence against the interests of the natives.

Colluding with Temenggong Anthony are Tuai Sebeli of Kpg. Sibau Rumbau, Tuai Rumah Najib of Kpg. Samalatong (Melayu), Pemanca Muit and Tuai Rumah Uja, both of Kpg. Kepayang.

They are not only PBB members, but the “kaki” (side kicks) of YB Naroden, the state assemblyman for Simunjan who is allegedly owned DD Plantations together with a Chinaman from Sebauh, Bintulu. Naroden is known in Simunjan as the local “oil palm king” owning several companies to plant some 50,000 acres of land, the bulk of which is NCR land.

Temenggong Anthony, a retired teacher, is ardent supporter of Naroden who appointed him as a councillor for Simunjan and when a vacancy existed for a Penghulu, he was also appointed a penghulu at the same time. After three years or so as a Penghulu, he is now promoted to be the Temenggong.

Daha has approached a lawyer to write to Pelita and DD Plantations that she did not want her land in 10 places totaling some 100 acres to be developed by them, and if they persisted of getting her land she would sue them in court. The strongly worded letter was copied to her brother-in-law.

Meanwhile, six Tuai Rumah (longhouse chiefs) had sent a joint letter to the minister of land development, Dr. James Masing and the chairman of the NCR land development task force, Alfred Jabu ak Numpang, saying that they did not want their land to be developed by DD Plantations and Pelita.

A copy of the letter was sent to SALCRA general manager, Vasco Sabat Singkang inviting him to have a dialogue with them in order to open their land for oil palm cultivation.

The six Tuai Rumahs represent some 100 families owning some 2,000 hectares of NCR land. There are other longhouse folks from Keniong, Sangkalan, Munggu Ai, Gayau and Kepayang who refuse to surrender their land to DD Plantations.

All these longhouse chiefs are watching the DD Plantations and Pelita closely before making further moves including holding demonstrations and bringing them to court. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

A memorable Gawai Dayak

This year’s Gawai Dayak was one of the most pleasant and memorable occasions in several years for members of our family, although we missed our dear parents/grandparents – my father who was a pillar of strength and a beacon of hope for the family passed away on 1 July 1996 and our loving mother who had become a source of inspiration and love passed away on 28 February 2005. During Gawai they were the centre of our love and affection.

For me personally, it was a happy gathering of family members. My youngest son, an engineer with Shell, came all the way from Miri. His wife and a three-month old daughter were unable to come. Except for my third son, my two other children and their families were with us. However, my third son, who was in South Korea for his PhD studies, managed to call us that night before we “ngirup ai pengayu”.

As tradition would have it, our celebration began in the evening with a BBQ session and at the stroke of mid-night we prayed to God the Almighty and thanked Him for His protection and blessing. We also sought His guidance and blessing for the coming Gawai. Only then we drank “ai pengayu” and wished every one “gayu-guru gerai-nyamai”.

Celebrating Gawai at Kampung Keniong Jaya, Simunjan where I was born more than 60 years ago

As we do not live in a longhouse, but in a Malay-style of a village of 26 houses that make Kampong Sungai Samabang, Simunjan, the heads or representatives from the 26 houses have to assemble at the house of the Tuai Rumah to pay our first Gawai visit the first thing on the first day of Gawai (1 June). Then they next visited our house.

As agreed, 13 houses were to receive visitors (pengabang), while the other 13 houses would receive their guests the following day. This arrangement would enable every household to reciprocate each other’s Gawai visit. Visitors from other villages or longhouses could come any time, as the “ruling” only applied to folks of Kampong Sungai Samabang.

During the Gawai visit it was an opportunity to have met and talked to some of my relatives and friends whom I have not met for years. Some of them returned to the village once a year or once in two years as they worked in far-flung places like Johor, Singapore, Kuala Lumpur and Penang.

Later in the evening some of my family members went to another longhouse, Kpg. Keniong Jaya, where we met literally hundreds of relatives and wished them “gayu-guru, gerai-nyamai”. It was in this kampong where I was born more than 60 years ago.

For me this year’s gawai was just like walking down memory lane full with nostalgic feelings and sweet memories. It was indeed a memorable and pleasant one. – The Broken Shield

Six longhouses may take legal action against DD plantations

Six longhouses in the Samalatong area, Simunjan, will submit a letter in the next few days to the General Manager of Sarawak Land Consolidation and Rehabilitation Authority (SALCRA) telling him that 95 families from the longhouses will not join DD Plantations and Pelita Holdings.

Instead they want SALCRA to develop their land which is about 1,800 hectares into an oil palm plantation.

A copy of the letter will be sent to Deputy Chief Minister Alfred Jabu Anak Numpang as chairman of SALCRA Board of directors and to the Minister of Land Development, Dr. James Jemut Masing. SALCRA is under the Ministry of Land Development.

A group of VIPs and officials from DD Plantations and Pelita Holdings are expected to see these angry NCR land owners on Saturday, 23 May 2009 to explain to them the concept of joint venture and the “benefits” they will get from joining DD Plantations and Pelita Holdings.

It is understood that these landowners will not be swayed by the sweet talks of the VIPs because they have heard and known such JVs the land owners stand to lose and many have not received their dividends even after 10 years of operations.

They would prefer to invite SALCRA where their equity participation is about 70% as compared to 30% in a joint venture company.

On 29 April 2009 DD Plantations whose owner is closely associated with YB Naroden Haji Majais, the Simunjan elected representative, and Pelita Holdings had signed an agreement with 46 longhouse chiefs in Kuching.

But many Tuai Rumah claimed they were not aware of the plan to develop 9,629 hectares of their NCR land into an oil palm plantation.

Some Tuai Rumah who did come to Kuching were critically questioned by the longhouse people; some demanded for their resignation and even held Temenggong Anthony Ngipa responsible for bringing the Tuai Rumah to Kuching.

For the six Tuai Rumah and the 95 heads of families will have to seek legal action if the company persists on developing their land. - The Broken Shield

Source: www.thebrokenshield.blogspot.com

Ibans mount blockade against Naroden’s companies

About 100 Iban land owners from Kpg. Sungai Lingkau, Melanjok and Sekendu in Simunjan today (5 May) mounted a blockade to prevent workers of Hydroflow and Melur Gemilang from entering their NCR land.

A manager from the company promised the landowners who maintained the blockade not to enter the area, and to bring out all the machinery.

The landowners expected the manager to lodge a report with the Police and they also expected to be arrested in the defence of their land from being encroached into.

Hydroflow and Melur Gemilang are owned by Yang Berhormat Naroden Majais, the Simunjan State assemblyman. He is known as the "Simunjan King of oil palm", owning more than 48,000 acres of land including NCR land of oil palm.

Meanwhile, six longhouses in the Kpg. Samalatong/Kepayang area will meet on Wednesday night to reject the offer of DD Plantations and Pelita Holdings Sdn. Bhd. to develop their NCR land. The agreement has already been signed between 46 longhouse chiefs with the DD Plantations and Pelita Holdings Sdn. Bhd.

But the landowners from these six longhouses prefer their NCR land to be developed by SALCRA where their equity participation is 70% as compared with 30% given by DD plantations and Pelita. - The Broken Shield

46 longhouses in Simunjan to develop their NCR land?

SIGNED AND SEALED: Snowdan (centre) looks on as Yee (right) and Abdullah exchange the signed documents. Also looking on are Land Development Ministry’s permanent secretary Chaiti Bolhassan (second right) and Temenggong Anthony Ngipak.

Pic credit: http://www.theborneopost.com/?p=51081

On Wednesday, 29 April 2009 about 2,000 NCR landowners from 46 longhouses in the Kepayang/Samalatong area, Simunjan district were said to have agreed to jointly develop their land with DD Plantations Sdn Bhd and Pelita Holdings Sdn Bhd.

DD Plantations, a Kuching-based company, will provide the expertise and an investment of RM140 million to develop 9,629.6 ha of Native Customary Rights (NCR) land into an oil palm plantation, according to The Borneo Post (30 April 09).

The landowners get to enjoy 30 percent of the profits while DD Plantations get 60 percent and Pelita Holdings 10 percent.

Forty-six longhouse chiefs attended the signing ceremony of the joint venture at a hotel here, which was witnessed by Balai Ringin assemblyman Snowdan Lawan.

As the people’s representative of the area, Snowdan, who is Parti Rakyat Sarawak (PRS) vice president, said that it was his responsibility to ensure that his constituents enjoy better income and social benefits. He assured the landowners that the developers would not take away their land in the course of developing it.

Upon learning of the so-called signing of the joint venture, the people from the 46 longhouses were so angry with their Tuai Rumah that they demanded their resignation for “selling their rights to the company.”

But many Tuai Rumah claimed that they were tricked into attending the ceremony as they were told to attend a seminar in Kuching.

From what was told to me that Tuai Kudi, Kpg. Isu, Tuai Rumah Sebli anak Uban, Kpg. Sibau Rumbau, Tuai Rumah Najib bin Abdullah, Kpg. Semalatong (Muslim), Tuai Rumah Entali anak Nusang, Kpg. Semalatong (Iban), Tuai Rumah Uja, Kpg. Kepayang and Pemancha Muit and Temenggong Anthony Ngipa are alleged to be behind the project.

Many of the longhouse people claimed they were forced to agree to the joint venture. In fact they do not want Pelita Holdings and DD Plantations to develop their land. They want SALCRA to develop their land as SALCRA gives them 70%, while as Pelita Holdings and DD Plantations give then only 30%. They have met general manager of SALCRA requesting it to develop their land.

Yesterday (Sat, 2 May), there was an urgent meeting in Simunjan between Pelita Holdings and Temenggong Anthony, TR Sebli, TR Najib, TR Kudi, and TR Entali after they heard strong objections from the people to develop their land by Pelita Holdings and DD Plantations.

Meanwhile, those who oppose Pelita Holdings and DD Plantations will be coming to Kuching soon to consult their lawyers with a view to apply for a court injunction.

The other strange thing is that Snowdan claims that the areas to be developed are within his constituency of Balai Ringin.

For people like me who come from the area and a voter do not know that Semalatong, Sibau Rumbau, Isu and Kepayang are under Balai Ringin; these kampongs are under Simunjan constituency of Naroden Majais.

Naroden is not only a good friend of Yee Ming Seng, but his business partner. They own the Gedong Plantations and few more. Yee Ming Seng is a rich businessman from Sebauh, Bintulu.

Now the questions are: Why did Snowdan claim that these longhouses are under his constituency knowing very well that they are under Naroden Majais? Is he acting on behalf of Naroden? Or is Naroden scared of his own voters for taking away their land?

Now Naroden, known as the “Simunjan King of Oil Palm”, has been given 16,486 ha (roughly 41,215 acres) of land from Gedong to Sedilau, Simunjan and to Ulu Simunjan. The bulk of this land is under NCR and owned by Malays and Ibans. - The Broken Shield

Source: www.thebrokenshield.blogspot.com

Naroden - Simunjan’s oil palm king

For most of our elected representatives be they MPs or DUN members, they do not want to antagonize the Chief Minister, Abdul Taib Mahmud because they know the consequences. In fact almost all of them heaping praises on him hoping that their voices can be heard. Once he notices you and becomes his confidant, you are on the way to a millionaire’s club.

Look at the State Assemblyman for Simunjan, YB Haji Mohd Naroden bin Haji Majais, who comes from an average family in Gedong. Since he became YB in the 1991 State election, he not only becomes a confidant of the Chief Minister and is now an assistant minister in the Chief Minister’s department, but also he is locally known as the “king of oil palm” in Simunjan owning among the largest areas of oil palm.

According to the Land and Survey Department’s Laporan Statistic Suku Ketiga Tahun 2005 (Statistic Report for Third quarter 2005) his companies have now owned seven areas in Simunjan consisting of 16,486 hectares (roughly 41,215 acres) of land for the planting of oil palm.

The breakdown is as follows:-

• Tanjong Midin, Batang Kerang, Simunjan/Serian, Lot 2984 Melikin land district of 4555 hectares approved in 1996 under the Pelita Nirwana Muhibbah Sdn Bhd;
• Batang Kerang, Simunjan/Serian, Lot 2981 Melikin land district with 3770 hectares approved in 1988 under the Gedong Plantation Sdn Bhd;
• Batang Kerang, Simunjan/Serian, Lot 2980 Melikin land district with 3480 hectares approved in 1988 under the Gedong Plantation Sdn Bhd;
• Between Batang Sadong and Sungai Simunjan, Lot 1226 Sedilu Gedong land district with 2182 hectares approved in 2004 under the Hydroflow Sdn Bhd;
• Between Lubuk Teba and Sungai Sentok, Gedong, Lot 1227 Sedilu Gedong land district with 593 hectares approved in 2004 under the Hydroflow Sdn Bhd;
• Tanjung Embang, Simunjan, Lot 1228 Sedilu Gedong land district with 189 hectares approved in 2003 under the Indranika Jaya Sdn Bhd;
• Between Tanjung Sap and Sunhgai Benat B, Simunjan, Lot 1229 with 1717 hectares approved in 2003 under Indranika Sdn Bhd.

This list is only up to the third quarter of 2005, but what about from thereon to this day? Imagine the amount of money his companies have earned all this while when CPO (Crude Palm Oil) was RM3,000 in March this year from the matured oil palms.

We do not envy him, or jealous of him (incase Alfred Jabu says so,) and how can we envy him when we, as voters, also contribute to his wealth. But what we – Malay and Iban voters – ask of him is that he should leave our NCR land alone. - The Broken Shield

Source: www.thebrokenshield.blogspot.com