Inter-marriage could be loophole in NCR Land Code

By Peter Sibon

Sarawak must ensure the proposed Native Customary Rights (NCR) Land Code Amendment law is all inclusive to prevent abuse through inter-marriage between natives and non-natives.

Land Development Minister Tan Sri Datuk Amar Dr James Jemut Masing cautioned that such a law could be subjected to abuse if marriage procedures between natives and non-natives were not monitored properly.

“Non-natives can be joint beneficiaries of NCR land by the passing of this Bill. This will open up a host of legal problems. Thus, we have to tighten up natives’ marriage laws and procedures at the same time in order to prevent abuse as the implementation of the law is not ‘just a walk in the park’,” Masing told The Borneo Post yesterday.

He said NCR lands’ lack of value was exposed by the High Court ruling on Bisi Jenggot vs Sarawak Government.

“The Dayak community, after the ruling, realised the need to amend native laws and the state Land Code. This will enhance the economic value of NCR land and would enable the native landowners to participate in the 21st century economics.”

He was commenting on Chief Minister Tan Sri Datuk Amar Adenan Satem’s response to an audience during his (Adenan) interview with RTM last Friday night.

Adenan had said once the Bill is passed by the State Legislative Assembly, Bumiputeras would be able to sell their non-titled NCR lands to other Bumiputeras. The Bill is expected to be tabled in the next Assembly sitting in November.

The initiative, said Adenan, would add value to NCR land as presently the sale of such land is limited to amongst the people of the same longhouse or village only, thus, lowering its market value.

Masing said the proposal by Adenan recognised these needs and supports the necessity to amend the Land Code and then advised the natives to update their native laws to match today’s economic modus operandi.

“The natives and the Bumiputeras of Sarawak will always be grateful to the chief minister for his farsightedness and consideration in making it possible for NCR land to be economically viable as commodity of sale once the tabling of NCR land is accepted. This will be an enduring legacy of Adenan’s administration.”

Meanwhile, social activist and former PBB deputy Information chief Dato Peter Minos said if land could not be bought and sold, it was of no economic value and would thus bring no benefit to the owners.

He stressed if any law forbid any land to be bought or sold, that law is archaic and not in sync with modern economic life.

“So it goes without saying that Chief Minister Tan Sri Datuk Amar Adenan Satem’s intention to amend that part of the Land Code that forbids dealing of native customary right (NCR) land is both timely and most welcomed. It makes economic sense that NCR can be dealt with at least among the natives in order that such land not only has value but can be developed in some ways by the natives who have the funds.”

Minos argued that commercial development of native-Bumiputera land in certain parts of Kuching city had been made possible because their owners were smart and wise in getting their land commercially traded among the Bumiputeras.

“If not, such land remains idle or not used at all and the owners innocently living in deprivation. We do not want that, not now.”

Minos pointed out that the NCR Land Code was crafted by the British, to ‘protect’ natives from losing their land to the economically advanced non-native groups and hence the non-dealing in NCR land.

“But time has changed and such protection is outdated. NCR land should be able to be bought and sold at least among the natives.

“If I have my way I may go a bit further … NCR land very near or in the vicinity of towns and cities should be changed to mixed zone on request of the owners. This will give true market or economic value to such land.”

Minos also cited the fact that there was some NCR land located next to mixed zone land or near the towns and cities with value far below mixed zone land price.

“This is one issue that owners and the native communities can think about. May be time is needed to think about this matter but the sooner it is done the better. As the saying goes, time waits for no man and so (too) progress and development.”