PCS: Why take almost half a century to get land titles?

KOTA KINABALU: Parti Cinta Sabah (PCS) will push for the revamp of the Land and Survey Department, setting up of a Land Tribunal to look into the Native Customary Right issues, stop any land approval to non-Sabahan companies, and to stop the transfers of native land to nonnatives if it forms the government after the 14th general election, said its president, Datuk Seri Panglima Wilfred M. Bumbruing.

“We will also find ways to enhance and elevate the value of native lands to be at par with other lands granted under a different category. As land is the main or only important asset of the natives they must be empowered by way of the enhancement of the value and productive development of their land,” he said when commenting on the presentation of 1,034 land grants to four villages in Kiulu on Tuesday by Chief Minister Tan Sri Musa Haji Aman who also announced the upgrading of Kiulu into a sub-district.

Bumburing added: “I can relate to both the feeling of joy and relief felt by those land applicants in Kiulu who had eventually received their land titles after waiting for almost half a century to get their land titles.

“They have endured great anxiety and uncertainty with regard to the fate of their application for such a long time.

“One of the applicants is now too old to even travel to receive the title. Through those years the applicants have spent so much time and money to travel to the land office in Tuaran and Kota Kinabalu to make enquiries about their land applications only to be told that their application is still under process,” he claimed.

“Not many people, especially those in the powers that be, realize that it takes a long time for these poor people to be able to make a meagre saving in order to make the trip to the district office.

“Without titles these land owners are deprived of assistance from the government such as planting or replanting schemes by the Sabah Rubber Industry Board and RISDA and to receive other form of assistance that would benefit them.

“Meanwhile, land applications by big corporations and companies are processed in record time and they get the land titles for their application in a very short time because they have the ‘means’ to pursue their application in the land office,” he claimed.

“I would like to remind the government that there are still thousands of such land applications which had not been duly processed in the Land and Survey Department. I know that there are many longstanding applications pending issuance of titles in Tamparuli. Some of the applicants have even passed away which cause beneficiary claim problem among the children when the titles are eventually issued.

“The problem is compounded by the ruling by the land office which states that only the applicant can collect the land title. How can a dead applicant collect his title? The unduly long period of time needed to process land applications was due to the congestion in the land office,” Bumburing said.

“It is high time to have a thorough revamp of the department. I have proposed in the State Legislative Assembly to split the Land and Survey Department into two departments, namely Jabatan Tanah and Jabatan Ukur.

“While the Chief Minister gave a positive response to my proposal I have not seen any action done on this matter till today,” said Bumburing who claimed that there were land applications being trapped in the Sulaman Forest Reserve which was gazetted in 1984.

The land application was submitted long before the area was gazetted as forest reserve, he added.

“I have brought this issue a few times in the State Legislative Assembly and the Chief Minister had promised to look into the matter. There was a perimeter survey done on the forest reserve, however, there was no effort done to identify these applications for excision from the forest area,” he said.

Bumburing claimed that many native titles were falling into the hands of non-Sabahans, especially from Peninsular Malaysia.

He explained that this was done through the leasing of native titles to non-natives which was allowed in the amendment of the Land Ordinance.

“The modus operandi used in this matter was by way of giving a share in a company to a native who has a land title and using the native title land as share injection in the company and appointing the land owner as director in the said company.

“The owner of native land title will then sign a leasehold agreement between him and the non-Sabahan shareholder of the company. The land is eventually mortgaged to the bank. Finally, with an agreed compensation the native is eventually asked to quit the company resulting in totally losing control or ownership of the land for the duration of the leasehold.

“Legally the owner has the right to ownership over the land only after the leasehold expires. However, if the land is developed and therefore enhanced the value it is impossible for the native to buy back the land and therefore lose the land forever,” claimed Bumburing who urged the government to look into the matter.