By N Surendran
I refer to federal minister Johari Ghani’s statements on 27 April on the controversial Kampung Sungai Baru land acquisition and development.
He claims that the Kampung Sungai Baru land is leasehold land and not Malay reserve land, and that it is up to the residents to negotiate with the developer in order for a government agency to take over the project.
First, Johari’s claim that the land in Kampung Sungai Baru is not Malay reserve land is plain wrong, both factually and legally. All of the 220 acres of Kampung Baru land, of which Kampung Sungai Baru is a part, was declared as a “Malay Agricultural Settlement” through gazette no 1550 dated 16 February 1932.
The boundaries of the land described in the gazette clearly includes Kampung Sungai Baru, as can be seen from certified government maps. Kampung Sungai Baru is thus undeniably Malay reserve land.
This information is critical in understanding and resolving the present disputes, but Johari seems quite unaware of it or simply does not understand it.
This legal status as Malay reserve land has never been revoked by the government, and it remains reserve land. This is clear from Section 4(1) of the Malay Reserve Enactment Act, which provides that the state or federal governments must expressly revoke Malay reserve status. Otherwise, the land will maintain reserve land status.
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This means that the status of the Kampung Sungai Baru land, which was stated as “leasehold” with 99 years tenure in the issued land grants, is incorrect. The land was never of leasehold status. The fault for this shocking mistake must lie squarely on the government, which issued the incorrect titles in the 1970s.
It is for this reason that the Kampung Sungai Baru committee has demanded a public land inquiry to be conducted by the land administrator under chapter 4 of the National Land Code to confirm the status of the land as Malay reserve land.
As a consequence of the above, the entire compulsory acquisition process upon Kampung Sungai Baru is void and unlawful.
How can it be legally correct when the acquisition of the land by the government was upon leasehold land titles, when the land is actually freehold reserve land? If the acquisition is unlawful, that calls into question the ongoing development itself.
Second, it is the responsibility of the government to step in to resolve this matter by negotiating with the developer. It is totally unacceptable for minister Johari to ask the residents of Kampung Sungai Baru to themselves settle the matter with the developer, as suggested by him.
It is the government that has the resources and the clout to negotiate and resolve the matter. It is the government that caused the problem in the first place by invoking the land acquisition law; now they cannot, legally or morally, abandon the people of Kampung Sungai Baru. Their fundamental right to property, which is protected under Article 13(1) of the Constitution, is at stake.
The solution put forward by the Kampung Sungai Baru residents’ rights committee is for the government to take over the troubled project, perhaps through relevant government or government-linked agencies or bodies. It is for the government to urgently intervene and take all necessary steps to achieve this.
The residents meanwhile must be allowed full participation in any development to ensure transparency and fairness. This will also ensure that the benefits of the development will not bypass the residents. They must not be fobbed off with under-market compensation or replacement houses of less value or suitability, including in terms of the size of the area.
It must be emphasised here that the committee and people of Kampung Sungai Baru are not against development of the area. What they ask for is development which is fair and equitable to the residents. It is public knowledge that their land is prime real estate. The people of Kampung Sungai Baru must not be denied the benefits of this development.
Meanwhile, the committee stands firm in their just demands and will use all legal and proper means necessary, including mobilising public support. – LFL
N Surendran is the advisor of the Kampung Baru residents’ rights committee and Lawyers for Liberty.
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