Iban leaders criticised

KUCHING: An Iban businessman Joseph Allen has criticised some Iban ministers and elected representatives for not fighting for the interests of the Iban community in terms of quotas in business, economic cake, scholarships, places in universities, recruitment into the civil service, holding higher posts in the civil service or appointments to government-linked companies.

“They should be courageous enough in fighting for the interests of their own community.

“They should emulate and support Minister of Primary Commodities and Industries Bernard Dompok, who is also president of United Pasok Momogun Organisation in fighting for the interests of the Kadazan-Dusun community,” he said.

Allen, a former supreme council member of Parti Rakyat Sarawak, was asked to comment on Dompok’s statement.

Dompok had said that Bumiputras from Sabah and Sarawak should be accorded equal opportunities as their counterparts in the peninsula in all aspects, citing federal service as example where all the top posts are denominated by Bumiputras from the peninsula.

The minister believed that it was every citizen’s right to raise matters that need the attention of the country’s leaders and they should not be regarded as going against the government.

“Dompok is the type of leaders we need for the Iban community,” Allen stressed.

Expressing support for Dompok’s call for a review of economic quota, he said: “The quota of 30% should apply to both the non-Muslim Bumiputra (Dayak) community and the Muslim community, while the non-Bumiputra should be 40%.

“Currently, Dayaks are lumped together with the Malays to form the Bumiputra group which is allocated 30% of the economic cake. Under this category, the Dayaks do not get anything. They are only needed to strengthen the number only,” he said.

Allen said that when Malaysia was formed, Temenggong Jugah signed the Malaysian Agreement on behalf of the Dayaks, while Donald Stephens signed on behalf of the Kadazan-Dusuns, because they believed that their generations to come would benefit and enjoy the wealth of the nation.

And if they refused to sign, there would be no Malaysia today, he added.

A former Police officer, Allen said that the Dayaks had contributed a great deal to the security, peace and order of the country during the height of communist insurgency in Sarawak.

“Now the Dayaks are forgotten, sidelined in business opportunities and have not been given a fair share of the country’s wealth.

“We have compromised and tolerated the policy, the injustice and inequality meted against us,” he said, pointed out that even their rights already in their possessions such as native customary lands are being taken away from the community.

Allen called on Iban leaders like Douglas Uggah, Federal Minister of Natural Resources and Environment and state ministers Alfred Jabu, James Masing and William Mawan to support Dumpok’s call for a review of the economic quota.

“If you don’t say anything, don’t blame the government but blame our leaders,” he said.- The Broken Shield

Former Assistant Minister suing company linked to Taib

KUCHING: A former assistant minister of agriculture and community development, Ramsay Jitam, has filed a writ of summons against Khidmat Mantap Sdn Bhd, a whole-owned company by Naim Cendera Holdings over a piece of land measuring 12.141 ha which he claimed to be his native customary rights land.

The land which he and his brother Harold Jitam inherited from his ancestors is part of lot 533 block 14 Muara Tuang land district, Kuching.

The writ of summons which was filed early this month also named the superintendent of Lands and Surveys, Kota Samarahan and the State government as second and third defendants respectively.

A former deputy commissioner of Police, Jitam, who retired in 1983, joined the Sarawak United People’s Party. He was elected as the state assemblyman for Lundu from 1983 until 2006 and held the post of assistant minister of agriculture and community development.

Meanwhile, Naim Holdings, a company owned by relatives of Chief Minister Abdul Taib Mahmud, confirmed its subsidiary has received the writ of summon.

Naim is seeking advice from its solicitors and has instructed them to take all the necessary steps to vigorously defend KMSB’s interest and position.

“We do not foresee any material, financial or operational impact on the group as a result of the receipt of the summons as KMSB is in possession of valid document of title.

“We have in our possession a valid document of title issued by the Land and Survey department, pursuant to the provisions of the Sarawak Land code,” Naim in a statement received by FMT.

“KMBS, a wholly-owned subsidiary of Naim Holdings, is not a major company pursuant to para 1.01 of the listing requirements.

“Total cost of investment in KMBS is RM2.00,” it said, pointing out that it would not incur any losses arising from the summons.

The date of hearing is yet to be fixed by the court.

Bumiputras struggle for equal rights

Minister of Primary Commodities and Industries Bernard Dompok was quoted by The Borneo Post dated 14 August, as saying that Bumiputras from Sarawak and Sabah should be accorded equal opportunities as their counterparts in the peninsula in all aspects.

Under the Federal Constitution, Bumiputras from Sarawak and Sabah were accorded equal status as their counterparts in Peninsular Malaysia.

“Under the technical committee for Bumiputras in Sarawak and Sabah, of which I am the chairman, we aim to achieve equality for all Bumiputras regardless of their region.

“The committee would meet from time to time to discuss pertinent issues which the members would bring up to the cabinet,” he said.

The members comprise three federal ministers from Sabah and one from Sarawak, and they are Minister for Rural Development Shafie Apdal, Minister of Science, Technology and Innovation Dr. Maximus Ongkili and Foreign Minister Anifah Aman (all from Sabah) and Minister of Natural Resources and Environment Douglas Uggah (Sarawak).

Dompok who is president of United Pasok Momogun Kadazan-Dusun Organisation (UPKO) said one of the long outstanding issues that had been resolved was the native customary rights (NCR) land in Sarawak.

“Now the Sarawak government will implement the perimeter survey of the NCR land with funding from the federal government.

“The other issue we continue to pursue is the fact that almost all top posts in the federal civil service are dominated by Bumiputras from the peninsula.

“There should be fairness in appointments at all levels,” he said, pointing out that there are also other pertinent issues that they have to address even though such issues may be deemed to be sensitive, lest the opposition capitalize on them. - The Broken Shield

Source: www.thebrokenshield.blogspot.com

BN’s uphill task to recapture Ngemah

(The story has appeared in The Free Malaysia Today and has been updated for the readers of the Broken Shield).

KUCHING: For the coming State election, the state seat of Ngemah in Kanowit is likely to see a three-cornered fight – a Barisan candidate against Pakatan Rakyat and Parti Cinta Malaysia.

The seat, now held by PCM’s Gabriel Adit, appears to be a “grey” area to the Barisan Nasional especially to Parti Rakyat Sarawak which has been given the task to retake it from the Opposition.

This is because of the “new problem” that has surfaced in recent months – the infighting among the PRS Ngemah Division between the supporters of two of division’s strongmen – Peter Telajan, the former chairman and the newly elected chairman Alexander Vincent.

The dispute arose when the list of 2000 card members recorded in the division were not allowed to attend the division election in February this year after Alexander Vincent and his supporters objected to their inclusion, the reason being they were recruited during the time when Sng Chee Hua was the party’s deputy president.

It is said that Vincent wanted the list in the headquarters to be used, which has about 900 members. The headquarters list was approved.

Despite his objection, nothing much Telajan could do.

On the day of the election, some 400 members attended the branch meeting. Telajan alleged that Vincent brought certain people who were not members to attend the meeting and this resulted in his defeat.

Further more, Telajan was also unhappy with the way the election was conducted; it had earlier agreed that a secret ballot was to be used in the election; but when election was held, the presiding officer Wilson Nyabong called for a body count.

Telajan has lodged a Police report and has threatened to lodge a complaint with the Registrar of Societies.

As a result of this disagreement, the division was not allowed to send delegates to the party’s triennial delegates’ conference in Bintulu on 15 May and has been without chairman for the past six months.

The dispute may not affect the legality of the division election, even if it does, it can only affect the division itself; but it can certainly create more enemies for Vincent which he cannot afford when facing the coming state election.

However, last Saturday, PRS president James Masing told the Press that the problem has been now resolved and that Vincent “is the legitimate” chief of the Ngemah division.

For Vincent, his confirmation means that he can go around with the full authority of the party behind him as he is tipped to be the next candidate for the constituency.

But whoever Masing is going to nominate be he Alexander or somebody else, it is not going to be a plain sailing for the BN candidate in the coming election.

And don’t forget there are SPDP members who are still harbouring grudges against Masing and PRS and are likely to vote against PRS-nominated candidate as they did in the previous election.

It makes the task for the BN-PRS to win back the seat much harder as BN’s headache is further compounded by the uncomfortable relationship between Masing and SPDP president William Mawan over the issue of “SPDP 5”.

The “SPDP 5” which walked out from a SPDP supreme council meeting early this year due to differences with Mawan wanted to seek refuge in PRS. Masing’s meeting with them and his readiness to accept them has angered Mawan and other SPDP leaders.

The five are Assistant minister of Environment and state assemblyman for Tasik Peter Nansian, Assistant minister of water supply and state assemblyman for Marudi Sylvester Enteri, state assemblywoman for Bekenu, Rosey Yunus, state assemblyman for Batu Danau Paulus Gumbang and MP for Mas Gading Tiki Lafe.

In the last election, the BN lost the seat to Adit who stood as an independent candidate, due to the internal bickering between PRS and SPDP. Both parties put a claim to the seat.

PRS which was registered after the demise of Parti Bansa Dayak Sarawak in 2004 thought that it had the right to claim the seat as it considered itself to be the off-shoot of PBDS. The seat had always belonged to PBDS. Adit was the last PBDS’ flag bearer in the constituency.

Adit instead of joining PRS chose to join SPDP after PBDS was deregistered. In accepting Adit to his party Mawan was hoping that Adit would be able to bring the seat to SPDP. But Mawan was wrong.

Bitter exchanges of words were made over the issue. The claim for the seat was only settled in the 11th hour of nomination; it was given to PRS and this caused a lot of unhappiness among the SPDP leaders and members especially in Ngemah.

Adit was then forced to contest as an independent candidate, and with the support of SPDP members he defeated the BN-PRS candidate, Alexander Vincent.

“In the coming election PRS is determined to win back the seat, and it will not tolerate BN members especially some SPDP members, who oppose our candidate,” said a PRS leader.

“If their activities are prejudicial to PRS, it is likely PRS will retaliate and strike at nearby SPDP constituencies like Meluan, and Pakan where SPDP president is likely to defend his seat,” said the leader who refused to be identified.

And the likelihood of “BN fighting BN” scenario appears to be unavoidable in some of these PRS and SPDP constituencies. For Ngemah seat, PRS is likely to face Adit now PCM chairman and a candidate of the Pakatan Rakyat Sarawak comprising DAP, PKR, SNAP and PAS.

“Given all these problems, it is going to be an uphill task for BN and PRS to recapture Ngemah seat,” admitted the PRS leader.

Malaysia at the crossroads

There is so much talk of an early election. About 7 million young voters will be eligible to vote come the 13GE.

We all know that once in a few years we are given the opportunity to vote. Why vote? It has no effect on the outcome.

One vote alone may not count but many votes together become a voice to be reckoned with. Let your voice be heard.

This election, more so than others is a vital election because we are at a cross roads. If we get it right we will prosper; if we get it wrong, we will suffer as we have seen in our neighboring countries.

To help you decide please ponder these issues:

Do you think that you have been treated fairly and equally as provided under the Federal Constitution?

Do you think our politicians in power are corrupt?

Do you think our civil service is corrupt?

Do you think the civil servants are incompetent?

Do you think the people in power sets themselves above the law and rule by law instead of rule of law?

Do you think our leadership has lost its way?

Do you think we are getting more & more divided by race, sectarian interests & religion?

Do you think we have a questionable justice system?

Do you think that they are wasting our wealth?

Do you think our children will suffer more?

Do you want to see a momentous change for you and the rest of the citizens?

If you say yes to 3 or more of these issues, don't you think we need change? YOU CAN MAKE CHANGE HAPPEN!!! Change we can and we must.

Just send this to 10 other relatives or friends and ask them to do the same to 10 of their friends and so on.

By so doing we are enlisting the power of multilevel marketing. Yes the math works and it is awesome.

By the 7th level this message would reach 1,000,000 people. Yes we can make our vote count! Better believe it!! We owe it to ourselves and to our children and to their children.

Internet is a wonderful instrument to bring change and fight authoritarianism peacefully and we must use it for the good of all.

Yes we can bring change, and we must do it as we owe that to our children and grandchildren.

Albert Einstein's statement "The world is a dangerous place. Not because of the people who are evil, but because of the people who don't do anything about it" is very true and we must not let the evil people rule the country.

The biggest traitors to the nation are those who keep sitting on the fence but grab all the benefits of the efforts of others.

Let us show that 'Malaysia Boleh' applies not only to bad things but good as well. It is in our hands to make it happen for ours and our children's future.

May the force of wisdom be with you.

Thank you

Another victory for Nor Anak Nyawai

(The story was first published by Free Malaysia Today and is reproduced here for the readers of The Broken Shield).

KUCHING: Native customary land owners Nor anak Nyawai and three others yesterday (4 August) won another round of victory against Tatau Land Sdn Bhd, Superintendent of Lands and Surveys, Bintulu and the State government of Sarawak, when the Kuching High Court allowed their application for an injunction until the disposal of the case.

The disputed land is described at Lots 15 and 16, Block 3 Sangan District respectively in Tatau, Bintulu.

The plaintiffs represented Baru Bian of M/S Baru Bian & Advocates are asking for various declaratory reliefs including a declaration that the issuance of provisional leases is null and void.

Additionally, they are also seeking a prohibitory injunction restraining the first defendant, Tatau Land Sdn Bhd, its servants and agents from entering, clearing and occupying the land over which they (the plaintiffs) claim native customary rights.

The instant application is the plaintiffs’ application for an interlocutory order in relation to the prohibitory injunction which is one of the reliefs the plaintiffs are asking for in the action.

In their affidavit to support their application, the plaintiffs asserted that their ancestors and through to them, have for many generations past until now continued to occupy, cultivate and use the land they are claiming to be entitled to under native laws and custom.

They said that they were neither aware of nor consented to the issuance of the provisional leases to the first defendant, Tatau Land Sdn Bhd which constituted the extinguishment or termination of their native customary rights over land covered under the provisional leases.

Towards the end of November 2010, the servants of the first defendant and the second defendant, the superintendent of lands and surveys, demolished 25 houses within Lot 16 and unless restrained 30 more houses belonging to the plaintiffs would also be demolished and at the same time the physical evidence constituting proof of the plaintiffs’ claim to native customary rights at the trial of the action would be destroyed.

The first defendant resisted the application for interlocutory injunction. The first defendant by an affidavit filed on its behalf admitted to being the registered proprietor of the 650 hectares of land under Lot 16 which was alienated on 23 December 2002 and to be developed into a new township called Samarakan.

The first defendant had though its director, one Ghazali bin Ismail had ascertained from the second defendant that Lot 16 was devoid of any native claims. It was asserted on behalf of the first defendant that a previous action commenced by the plaintiffs in 1999 and finally determined, Lot 16 fell outside the area which had been adjudicated to be land under native customary rights to which the plaintiffs were entitled to.

On 18 December 2008, the first defendant successfully obtained an order of possession granted by the High Court at Bintulu against persons in occupation of Lot 16 and it was conceded by the first defendant that only the fourth plaintiff was a party to those proceedings.

There was no application for stay of the order for possession. The plaintiffs were granted an ex-parte order which prevented the first defendant from proceeding to develop the township and thereby sustained substantial losses caused by the delay to the project, hence the inter-partes hearing of the plaintiffs’ application for interlocutory injunction.

In his ruling, Justice Linton Albert said that he did not think that the decision in the suit commenced by the plaintiffs in 1999 on the extent of their native customary rights over land is of any consequence because the case was in relation to land alienated to Borneo Pulp Plantation Sdn Bhd, the defendant in that case in respect of which the first defendant was not a party.

“It stands to reason, therefore, that the decision in the 1999 case did not exhaustively limit the plaintiffs’ entitlement to and order under native customary rights and preclude the plaintiffs from pursuing what they perceive to be their rightful claim to native customary rights outside the area determined in the 1999 suit which allegedly includes the area alienated under Lot 16.

“Clearly, it did not matter that Lot 16 was outside the confines of the area determined in the 1999 suit.

“Likewise, the fact that the High Court in Bintulu had ruled in favour of the first defendant by granting it an order of possession did not ipso facto extinguish the plaintiffs’ claim because not only were the plaintiffs except the fourth plaintiff, not parties to the proceedings where the first defendant obtained the order of possession, there were also difficult questions concerning complex legal issues involving res judicata and these are matters which could only be effectively determined at the trial,” he said.

Justice Linton allowed the application and costs to be in the cause.

Leonard Shim of Reddi & Co. Advocates, Kuching represented Tatau Land Sdn Bhd, while the superintendent of lands and surveys, Bintulu and the State Government of Sarawak were represented by Joseph Chioh of the State Attorney-General’s Chambers, Kuching.

All 18 agro stations to be revived

According to The Borneo Post today (1 August), all the agricultural stations throughout the state, which have been closed for some time, will be revived next year, deputy chief minister Alfred Jabu Anak Numpang announced yesterday in Betong.

This includes the stations in Tarat, Serian and Layar, Sibiew (Bintulu) and Punang (Lawas).

Staff from the agricultural department would be deployed to all the stations.

“Reviving the agriculture stations is meant to complement the government’s effort to help the rural populace. There is a need to revive them to develop the agriculture sector,” he said.

Besides reviving the 18 stations, the government had decided to build another three such stations, said Jabu, who is also the minister of modernisation of agriculture.

He did not give reasons why the agricultural stations were closed.

These stations became the training ground for our rural people to be “efficient” farmers in terms of rearing chickens, ducks, goats, cows and fish and of planting padi, pepper, cocoa, fruit trees and vegetables, and of teaching the women folk home economics – to look after their families, sewing, cake-making, handicraft, and so on and so on.

Under this agriculture home extension programme, home demonstrators from the agriculture department visited the rural villages and longhouses weekly or monthly to ensure that their programmes went on smoothly. Agriculture officers were also sent to ensure that the pepper vines, cocoa, rubber trees, fruit trees and their chickens and herds were always healthy.

Suddenly all these stopped. Why? And the man who stopped all these was Adenan Satem, who then became agriculture minister. He took over from Daniel Tajem after the Ming Court affair in March 1987.

All the staff members from these stations were pulled back to agricultural offices. The home demonstrators were absorbed into normal staff. We did not know the reasons why all the stations were stopped. However, we can only guess.

Under this home extension programme, the rural people were rather comfortable and healthy in their live style, earning regular incomes weekly. If that was the trend, then they could not succumb easily to the bribery temptation of the Barisan Nasional during election times. Bribe them they would reject the offer.

But now poverty has set in, and Dayaks particularly the Ibans have suddenly become the poorest in the country. Bribe them with RM10, they will gladly take it and vote for the Barisan Nasional candidates.

We should not only welcome the move to revive the 18 stations, but also urge Jabu to re-introduce the home economics and bring back home demonstrators.

At least this will give our Dayak girls the opportunity to work in the agriculture sector and to minimize it (Agriculture Department) being controlled by one race as of now as well as to practise 1Malaysia concept in the department.- The Broken Shield.

Source: www.thebrokenshield.blogspot.com