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New law to give Sarawak natives freedom in purchasing customary rights land

Saya berasa hebat, kata ketua menteri Sarawak

Bumiputera from Sarawak could eventually buy Native Customary Rights (NCR) land outside their ethnic group or community when the state amends its Land Code in November.

Chief Minister Tan Sri Adenan Satem (pic, right), in disclosing the government's intention to table the amendment at its Budget sitting, said with the amendment the Iban, for example, could buy Bidayuh land, and the Bidayuh could buy Malay land, and vice versa.

“The amended law is to allow any native to buy NCR land from any natives anywhere in Sarawak,” he said today.

Currently, the law – based on the Iban adat (customary law) and civil court precedents – restricts the sale and purchase of NCR land to only within their community or ethnic group.

The Iban customary law also prohibits an Iban from outside a particular area from buying land in that area. For example, a Skrang Iban could not purchase NCR land in Rajang.

Adenan said the continuation of the law restricting the sale and purchase to only people within their community or ethnic group, would make the NCR land “valueless”.

“The law might be applicable 200-300 years ago as land then was highly valued as farmland and to prevent outsiders from intruding into their area.

“But the law must adapt to changing times,” he said.

Adenan said he expected the opposition to also support the amendment.

Sarawak’s foremost NCR land legal expert, state PKR chief Baru Bian, disclosed yesterday that he was just about to pass to the state assembly speaker Datuk Amar Mohd Asfia Awang Nassar, his private member bill on a similar motion to be tabled in the assembly sitting next month.

“Of course I will support the amendment,” Baru, who is the Ba’kelalan assemblyman said in response to Adenan’s announcement

At the last sitting of the assembly, Baru had questioned why the amendment to the land code that would have allowed such sale and purchase, was never consented to by the head of state.

Baru said currently the law is a little muddled as it relied on the Iban adat while other ethnic groups, like the Orang Ulu, allow such sale and purchase with other ethnic groups.

On a separate matter, Adenan said the state government would assist the family of Bukit Assek assemblyman, Wong Ho Leng – who is in a Singapore hospital undergoing treatment for a brain tumour – in covering some of his medical bills.

Wong, the former Bandar Sibu MP and DAP state chief, in January 2013 announced he had been diagnosed with brain tumour, which was responsible for the slurring of his speech and impaired swallowing function.

He has undergone chemotherapy and radiotherapy in Singapore since.

On the advice of his doctors, Wong decided not defend his parliamentary seat in last year’s general election.

Adenan said the assistance was not unusual and it was given on humanitarian grounds.

“We're all humans and we make no distinction whether he's a BN (Barisan Nasional) or opposition politician.”

The state government does not normally pay for state assemblyman's medical bills incurred overseas unless requested.

Wong's family had written to the assembly speaker for assistance with the bills and the speaker passed the request to the state government. – April 24, 2014.