Was Naroden cheating?

KUCHING: Angry Ibans of Kampung Lebor about 20 minutes drive from Serian have another round of victory when they are allowed to collect oil palm fruits from their 3,000 acres of the native customary rights land which have been planted with oil palm.

In February this year, the 70 families of the village have won their civil suit against Tabung Haji when a High Court judge ordered that the 3,000 acres of the land be returned to the land owners as they have proved that the lands were their native customary rights land.

In spite of their victory, the Ibans are, however, not only disallowed to enter their own land, but were also prevented from harvesting the oil palm fruits.

They gave Tabung Haji until June 25, 2012 to hand over the land to them, failing which they would mount a blockade.

Starting on June 24, 2012 the natives mounted the blockade and would continue to do so until a decision was made.

On Tuesday afternoon, both parties were summoned to the Serian Police station accompanied by their respective lawyers.

During the discussions, both parties agreed that each party should be allowed to collect oil palm fruits from their own respective areas.

The Ibans can collect the fruits from the 3,000 acres which the Court had ordered to be returned to them.

According to lawyer See Chee How, who represented the natives, the two parties agreed to allow each other enter their own respective areas.

The Ibans are allowed to enter their own 3,000 acres and harvest the oil palm fruits, while Tabung Haji is allowed to harvest the oil palm fruits from their own areas.

As a result of this agreement, the Ibans agreed to dismantle the blockade.

See said that this is another victory for the Ibans.

Tracing the history of the case, Sigan anak Degon said that when their land was taken by Nirwana Muhibbah, a company owned by Assistant Minister Naroden Majais, the natives filed a civil suit against the company in 1998.

The case was heard in 2003, and the decision of the High Court was made on 23 Feb 2012. According to See, Tabung Haji is rather an innocent party as the original suit was against Nirwana Muhibbah, a company owned by Assistant Minister of Bumiputera Entrepreneur Naroden Majais.

When the suit was filed in 1997 against his company, Naroden was alleged to have sold the area to DD plantation. The DD plantation on realizing the problem with the natives sold the area to Tabung Haji.

According to the 2005 reports of the Land and Survey Department, Naroden has some 16,488 hectares of land, the bulk of these lands are native customary rights land.

These lands have been given to his companies namely Pelita Nirwana Muhibbah, Gedong Plantation, Hydroflow and Indranika Jaya.

Like in Gedong, Naroden’s companies in Simunjan are being sued by the Ibans for ‘stealing’ their NCR land.

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

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

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