NO MUSS NO FUSS. BE BOLD, DIFFERENT & WORTHY.: 2015

Wednesday, 6 May 2015

Characteristic of good IS

http://www.yourarticlelibrary.com/management/8-characteristics-of-good-management-information-systems-explained/3483/

Tuesday, 7 April 2015

Native Customary Rights Land in Sarawak. PART III

What is Land Native Customary Rights in Sarawak?

PART III

The confirmation on NCR by the Land and Survey Department is normally by way of aerial photo interpretation up to 1955, Land Use Map, D-Book (Field survey data), Preliminary Cadastral Sheets, etc., and confirmation from the Community Headman (Ketua Kaum) and supported by old folks and adjoining owners or claimants.

NCR shall not be alienated. NCR land shall not be used for a public purpose until all NCR have been properly compensated to the person(s) entitled thereto, or properly surrendered. This is provided for under section 15(1) of the Land Code.

Section 5(3) & (4) provides for the procedure on the extinguishment of NCR upon compensation. This procedure is in accordance with the constitution i.e. it does not infringe the Federal Constitution (as in the case of Jalang anak Parang & Another vs. The Government of Sarawak [2007] 1 MLJ 412).

Under the 9MP, the Government has paid out RM 82,626,540.47 to compensate NCR land for the purpose of development. Thus, this shows that the Government recognises NCR (genuine).

In conclusion, it is not correct to say that the Government does not recognise the temuda. The actual fact is that the Government does not entertain non-genuine claims to NCR because the claimants unable to substantiate their claims or they have purported acquired NCR in a manner that is contrary to the native customary law of the community concerned.

This is for basic information only. In the case anyone interested to know more please email me at mhdrazali21@gmail.com.

Riding The Tidal Bore At Batang Lupar River

Only now that I realized that the the tidal bore at Batang Lupar River is unique and stands at number 4 in the world after Brazil's Araguari Pororoca, China's Qiantang Dragon, Haining Province and Indonesia's Kampar Bono. As teenagers we used to ride the tidal bore by small boat when the tides came. Those days, the river was frequented not just as our main transportation route but for recreational purposes as well. Swimming, fishing, washing, playing and stuff. After school I would just sit by the river bank to fish or read books or anything a boy would do just for fun. Back then, the river was clean and safe. Crocs was very rare although you know very well that they are there somewhere. At that time Sri Aman Town was what you can see in the picture above. A sleepy town but this is where I grew up and I love my hometown. Erosion caused siltation and than caused the tidal wave to be more intense or bigger. The chain reaction continues. During high tide or king tide the wave could reach up to 4-5 m and it was never been that big before. That is what people wants to see. Although the wave would battered and smash the river bank and cause bad erosion but this is a natural phenomenon and it had made this town as it is now. It can be a good thing because that attracts people from elsewhere to come and see. Come middle of April every year people will gather in this small town and enjoy themselves during a community festival called tidal wave festival or pesta benak. There will be lots of stuffs - traditional boat regatta, racing boat, tidal surfing,

beauty pageant in traditional costumes, sometime body building competition, stage show, foods of various kind and many more. Just come and see but before coming ensure that you book your hotel room well in advance because the Government will block book them during the festival. The secret is to book them through internet or have some local friend to pay in advance.

Sunday, 5 April 2015

Traditional Boat Regatta at Batang Lupar

Surfing at Batang Lupar River

Tidal Bore at Batang Lupar River

Surfing the tidal bore in Batang Lupar River

Native Customary Rights on Land in Sarawak - PART II

What is Land Native Customary Rights in Sarawak?

PART II

These rights were attached to the land cleared for cultivation and occupation and not beyond such areas. This practice of clearing land for farming as a basis for creation of NCR (temuda) was reinforced by the Tusun Tunggu under the Iban Adat. The relevant portions of the Guides to Judges, Magistrates and others on adoption, divorce, the acquisition and disposition of property as practiced amongst the Sea Dayaks of the Third Division, ratified at the Penghulu’s Conference held at Sibu on 15 July, 1952 reads “Theoretically all untitled land whether jungle or cleared for padi farming (temuda) is the property of the Crown. The fact that Dayaks do clear a portion of virgin land for the site of their padi farms confer on them restricted right of proprietorship of the land thus cleared. Once the jungle has been cleared, it becomes temuda. It is a recognised custom that temuda is for the use of the original worker, his heirs and descendents. This is the only way Dayaks can acquire NCR land other than by gift or inheritance.

Prior to the publication of the Tusun Tunggu, the recognition of the native rights over land was given by section 66 of the Land Settlement Ordinance, 1933 which reads : “Natives Customary rights shall be recognised in respect of (a) land planted with fruit trees, when the number of fruit trees amounts to twenty and upwards to each acre; (b) land that is in continuous occupation or has been cultivated or built on within three years; (c) burial grounds or shrines; (d) usual rights of way for men and animals from rivers, roads or houses to any or all of the above”.

Section 5 of the Land Code which came into force on 1.1.1958 also acknowledges the concept of temuda i.e. the felling of virgin jungle for cultivation as the basis for creation of rights to occupy State land as licensee of the Government. What is provided for in section 5 embodies the Adat (Law of the natives) at the time since Rajah James Brooke arrived in Sarawak.

Under section 2 of the Land Code, Native Customary Land is defined as “(a) land in which native customary rights, whether communal or otherwise, have been lawfully created prior to the 1st day of January, 1958 and still subsists as such; (b) land from time to time comprised in a reserve to which section 6 applies; and (c) Interior Area Land upon which native customary rights have been lawfully created pursuant to a permit under section 10”.

Section 5(2) of the Land Code provides the methods by which native customary rights may be created that is “(a) the felling of virgin jungle and the occupation of the land thereby cleared; (b) the planting of land with fruit trees; (c) the occupation or cultivation of land; (d) the use of land for a burial ground or shrine; (e) the use of land of any class for rights of way; or (f) any other lawful method:

Provided that : (i) until a document of title has been issued in respect thereof, such land shall continue to be State land and any native lawfully in occupation thereof shall be deemed to hold by licence from the Government and shall not be required to pay any rent in respect thereof unless and until a document of title is issued to him; and (ii) the question whether any such right has been acquired or has been lost or extinguished shall, save in so far as this Code makes contrary provision, be determined by the law in force immediately prior to the 1st day of January, 1958.

This follows that under the present laws, only temuda land, i.e. Land which have been cleared from virgin jungle, farmed and occupied is recognised. The Government stands on this is reinforced by the following passage of the Court of Appeal Judgment in Superintendent of Lands and Surveys Bintulu Division vs Nor anak Nyawai [2008] 3 CLJ 555 at page 570 : “ .......... We note that the common feature which forms the basis of claims for native customary rights is the continuous occupation of land. Further we are inclined to agree with the learned trial judge in Sagong bin Tasi & others that the claims should not be extended to areas where they used to roam to forage for livelihood in accordance with their tradition”. Such a view is logical as otherwise it may mean that vast areas of land could be under native customary rights simply through assertions by some natives that they and their ancestors had roamed or foraged the areas in search for food”.

Native Customary Rights on Land in Sarawak - PART I

What is Land Native Customary Rights in Sarawak?

PART I

NCR has been a subject of intense discussion in forums, seminars and consultations both locally and at the national level. What is “Native Customary Rights” or NCR Land? Is NCR recognised by the Government?

This brief write-up will give some insights into what NCR is all about as per Government’s perspective based on the current laws and practices.

The system of natives creating rights over land by felling virgin jungles and putting the land under cultivation has evolved over one and half centuries since James Brooke became the First White Rajah of Sarawak in 1841. In his journal (Vol. 1) James Brooke wrote:

“The fruit trees about the kampong, and as far as the jungle wound, are private property ...................”

The Rajah Order IX 1875 had also given due recognition to NCR over land which have been cleared. The Order also gave warning that the one who felled the jungle may lose all claims to such land if the land is allowed to go uncared for. This goes to show that the Rajah had already given due recognition to NCR land since this Order. Furthermore, based on the findings of the Court, it was clear that rights over land were recognised in accordance with the customary practice of clearing old jungle and not abandoning them.