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.