Thursday, November 22, 2012

Are ‘pemakai menua’ and ‘pulau galau’ part of NCR land?



Posted on November 22, 2012, Thursday

THERE is no clear indication yet whether the ‘pemakai menua’ and ‘pulau galau’ are recognised as part of the native customary rights (NCR) land in the parameter survey initiative.

When raising the issue at the assembly sitting yesterday Ba Kelalan assemblyman Baru Bian was told by Deputy Chief Minister that the condition in which NCR could be claimed by NCR landowners was clearly contained under the provision of the Land Code.

Datuk Patinggi Tan Sri Alfred Jabu Numpang (BN-Layar) said the Land Code clearly stated the condition of which NCR could be claimed by NCR landowners, when replying to Baru’s question on whether the NCR parameter surveying works included the ‘pemakai menua’ and ‘pulau galau’.

“It was a straight forward question but the answer was not forthcoming. The minister was trying to evade the issue.

“We are concerned and we are making it very clear, plain and obvious that the government does not recognise the decision of the court in this country, especially in light of several cases being referred to the Federal Court where the ‘pemakai menua’ and ‘pulau galau’ are recognised.

“Although these cases refer to the Land Code they have been referred and decided based on the Sarawak Land Code. You don’t need any interpretation, you only need to adopt and respect the decision of the court in this nation. It is very simple but we want to hear it from the horse’s mouth,” Baru told a press conference at the DUN complex yesterday.

In his reply to government ministers who always accused the opposition of constantly objecting and instigating the villagers against parameter surveying, the state PKR chairman claimed that this was because the state had never been specific on the matter, which had caused fear in the minds of the longhouse people.

“The government said that the parameter surveying is trying to make it clear, the boundary between NCR land and state land. On this matter, the native wants to find out what constitutes NCR land. Does it include ‘pemakai menua’ and ‘pulau galau’?

“The minister is evading the question. If there is any other minister who would like to address this issue, we would like to hear the explanation,” he said.

When asked what the people could do since that the government did not recognise the decision of the court, Baru replied: “My straightforward answer is to change the government. Then, you would have different people in the government who would agree and respect the decision of the highest court in the land.”

He added that every time they went to court, arguments of the lawyers for the government were always the same, “they say that NCR is confined to ‘temuda’. On the executive side, legal officers in the court are still arguing on the same thing till this day”.

~ The Borneo Post

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