The
Government is committed to enhancing the value of NCR land and increasing the
participation of Bumiputera in the mainstream of the economy through
institutionalised programme and more democratic measures, Chief Minister Datuk
Patinggi Tan Sri Haji Abdul Taib Mahmud discloses in an exclusive interview.
By Toman Mamora
In any developing country, land still features as an important factor of development and is probably the only asset whose ownership is drawn from a large cross-section of the population. In Sarawak, a combination of history, tradition and, to some extent, politics has been attributed for the sensitivity that surrounds land, especially Native Customary Rights land. Such a strong and sentimental attachment to land has often given rise to unfounded fears and suspicions among landowners and this is especially so when they are faced with a major government development programme that entails acquiring large tracts of land which may include theirs. They may be forgiven at the outset for their ignorance and lack of understanding of the big development picture but there is a growing concern that they may become gullible to some unscrupulous quarters who are bent on sensationalising the land issue for political mileage.
“The government is aware of the sensitivity and that is why any land law that is enacted has to adequately deal with the emotions attached to it”, says Chief Minister Datuk Patinggi Tan Sri Haji Abdul Taib Mahmud of the complexity of land. But more importantly the people must recognise land not just as a possession and status symbol but as economic assets, which can be used to increase their wealth. The government, says the Chief Minister, must step in to provide the framework and guidance so that in the long term more bumiputera will be able to participate in the mainstream of development and benefit from an expanded economic base.
Although land was once regarded as a ‘garrison’ to protect the position of the bumiputera, the ‘garrison’ must not be allowed to become a prison which will restrict the landowners from taking full advantage of their assets, says Datuk Patinggi Taib who feels there is a need to redefine the relational value of bumiputera land in the context of present-day free-market economy.
In his years in politics, Datuk Patinggi Taib is known to have been consistent in his crusade to protect the interest of bumiputera over land in the state. “ In my political history, I have resisted any change in land policy that would marginalise the bumiputera; in fact, it has been my main battle in politics throughout the 60s”, he stresses.
Almost forty years on, the battle is still being fought, even more vigorously and in a more challenging environment. Campaign after campaign had been run by the government to spread the `land development message’ and to imbue bumiputera landowners with the belief that land will only become an asset of growing value if it is put to good commercial use rather than left as fallow. The land development programme that followed in the ensuing years further strengthened the government’s commitment to increase the profitability of land for bumiputera and expand their economic sphere of activity. “ The government undertook NCR land development for the purpose of creating estates which would be owned jointly by bumiputera and non-bumiputera”, Datuk Patinggi Taib stresses.
As a measure to safeguard the interests of bumiputera landowners, the government has introduced a provision in the LCDA ordinance which states that any transfer of bumiputera shares to non-bumiputera will automatically disqualify the joint-venture from being a bumiputera company under the existing land law. “ Our Land Code has been quite categorical in forbidding transaction of native land by non-natives”, adds Datuk Patinggi Taib.
He is pleased to observe that the NCR landowners are showing greater interest than before to develop their hitherto idle land into commercial agricultural estates. Because of this the government has to reinforce its machinery by establishing a native land bank which will serve as a useful mechanism to validate and guarantee the equity participation of NCR landowners in a joint-venture agricultural project.
Unlike the NCR land which is found in abundance in the rural areas and yet to be exploited to its maximum agricultural potential, the communal reserve land of Malays located in towns or on the urban peripheries has always been designated for residential purposes. However, the pressure of urban development is already causing many of these communal reserves to be relocated. The government has rightly stepped in to arrange for suitable alternative sites and to ensure the new settlements are provided with basic infrastructure and amenities.
Increase in the number of people migrating from the rural to urban areas is also causing the demand for land, including those in the communal reserve area, to rise. “Already, we see a lot of transactions, although not recognised under the existing Land Code, which involve the transfer of native land from one native to another native, and people having larger lots are selling smaller lots”, says the Chief Minister who is concerned with the legal complications posed by such transactions.
The existing Land Code, unfortunately, does not recognise the transfer or transaction of communal reserve land even among the natives themselves because land under such a category is supposed to be owned by the community and not individuals. Despite this, there have been cases where people have moved out of the community reserve and sold their interest to other fellow-bumiputera and those from outside the community living in the communal reserve. The government, says Datuk Patinggi Taib is aware of these but “ we also know that NCR or communal reserve land can’t be used as a security to obtain loan from banks” if transaction of this land is done under the present legislation. Quite obviously, the bumiputera owner must arrange to have his land surveyed and later the title issued so that it will have some commercial value and can be used as security to procure loan from a bank. The transaction of NCR and communal reserve land among bumiputera, which has been going on for many years, seem to be invisible according to the Land Code. “ Because of this invisibility, the piece of land in communal reserve is only good for the current occupant as long as the village head and neighbours recognise or remember his rights. Disputes can’t be solved according to the provision of the Land Code. They are normally settled through consensus in the village or by the decision of the village head”, explains Datuk Patinggi Taib.
Clearly, the status accorded to NCR land under the Land Code differs from the original concept of vesting the right of usage on the people. In other words, the owners should have the right to transact their land, as they had done all these years, as long as the transaction is confined to the bumiputera residents in the communal reserve.
On the constraints posed by the existing Land Code, the Chief Minister points out that “ the Land Code does not seem to recognise the practice among bumiputera of transacting their native customary rights which have been happening outside the Land Code, even well before the law was enacted. Because of that, the Land Code has become a prison to the NCR landowners.”
It is against such a background and in the hope of removing uncertainties over the transfer of NCR and communal reserve land that the Government has introduced a Bill in the State Legislative Assembly in its sitting in May this year. “ The amendment to the Land Code which the Government has proposed will try to restore the right of transferability attached to NCR land as long as it is confined to the Bumiputera community”, stresses Datuk Patinggi Taib adding that the Government wants to change the status of the transaction or transfer from one which is invisible to one which is semi-visible.” It follows that the more visible a transaction is the more marketable the land becomes.
Until the NCR and communal reserve land can undergo survey and the titles subsequently issued, the land in question must be recognised as an asset, albeit limited in transferability. In view of this, a Registry of Land will have to be set up in the Land and Survey Department and it will exist side by side the existing Title Registry System, says the Chief Minister of this new provision in the Land Code Amendment Bill.
Bumiputera landowners will be pleased to know that the proposed Native Land Registry will inevitably place NCR land on a proper and recognisable legal basis and defray any feeling of uncertainty among residents in the communal reserves on matters relating to the authenticity of land transfer or transaction. “ Any bumiputera who inherits an NCR land for a great consideration must have his rights protected by means of having the transaction recorded in the Registry”, says the Chief Minister emphatically. The exercise demonstrates the government’s commitment to the principle of social justice in that that should there be any transaction relating to NCR land, justice demands that the benefits so derived from it should be duly recognised and given to the NCR landowners.
The proposed registration system will help to eliminate any dishonest practice in the transaction of NCR land and assure Bumiputera of the certainty of ownership over their respective land. “With this, there is no more ground left for the pessimist or instigator to cause anxiety among the NCR land-owning Bumiputera and make them feel no better than squatters”, says Datuk Patinggi Taib.
By the creation of this NCR Registry, it is envisaged that NCR landowners will be encouraged to strive for better visibility of their transaction. In so doing, they will try to get their land surveyed and secure agreement with their neighbours on what is deemed to be the satisfactory boundary. Datuk Patinggi Taib also points out that in view of the growing awareness of the public on the increasing value of NCR land, negotiations and compromises can be made between neighbours in the spirit of good neighbourliness to get their parcels of land issued with titles and transferred into the Native Title Registry.
The acquisition of NCR land, explains Datuk Patinggi Taib, must also be tackled with the objective of transforming the entire Bumiputera community into a more active component of a modern economy. Under the existing Land Code, an NCR land is treated as an adjunct that has no predictable legal position. Hence, if an NCR land were to be found attached to a piece of land which has to be acquired for development purposes, the Land Code would advocate the extinguishment of the NCR over that piece of land.
“But that was the solution and approach proposed by the State Government in the 70s”, Datuk Patinggi Taib says, highlighting the flaw in the Land Code which will soon be amended. “ The extinguishment does not make available automatically set procedures that allow a predictable course of action for NCR landowners. If the NCR has to be extinguished, the compensation is at the discretion of the Government”, he explains, adding that the Land Code hitherto has not provided much option to the NCR landowners when their properties are acquired by the Government for development purposes.
“ The present Government does not share this view and administratively we have been leaning backward to strike a fair deal with owners of NCR land whenever the Government takes over their land for development”, the Chief Minister stresses, determined to make the necessary changes to the legislation which will in the long term create a win-win situation for the Government and NCR landowners.
Of the proposed amendment to the Land Code in relation to NCR land, Datuk Patinggi Taib says emphatically: “The NCR land would be treated in the same way as any other land which is the subject matter of acquisition. The procedure must be uniform and made clear by Sections 47 and 48 of the Land Code wherein there should be ample notice of acquisition and that the affected landowners will automatically have the right of appeal where no agreement on the quantum for compensation can be reached.”
With the amended Land Code, NCR landowners will have access to the same rights as owners of titled land. Their right to compensation is also assured although the quantum will depend on the value of the land as determined by market forces. Ultimately, this will put NCR landowners and owners of titled land on the same footing under the amended Land Code.
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