SIPAUN PREFER COMMUNAL TITLES PUT ON HOLD; NATIVE CERTS RE-ISSUED

Sipaun prefers Communal Titles put on hold; Native Certs re-issued

Kota Kinabalu Feb 01, 2012: Former State Secretary Tan Sri Simon Sipaun feels the issuance of communal land titles should be put on hold, claiming it is not consistent with the principles of property ownership because of very little consultation with those involved.

"Even though we have our names there, we do not know what will happen since we have no direct influence and all we can do is wait for the trustee who have the authority to enter into agreements with those who have capital.

"Thus, it is best to put the issuance of communal titles on hold for the meantime,"

said Sipaun, during the panel discussion at the Symposium on Sabah Native Land Rights: Issues, Challenges and the Way Forward held at UMS, here.

Sipaun, formerly Vice Chairman of the Human Rights Commission of Malaysia (Suhakam), also expressed disagreement over the suspension of the Native Certificate issuance since 1982.

"This for me is not a solution to the problem, what we should do is to identify what is causing the problem instead of leaving it without any remedy.

"It is not fair for all doors to be closed to the people, just because some have misused it, and I think is unfair for genuine applicants," he said.

In the case of natives still mired in areas already gazetted as reserves, he suggested the authorities determine who exactly was there first.

"If the people were there before the land was gazetted, then the gazetted status should be removed. But if they were there after the land was gazetted, then it should be dealt with on a case-to-case basis."

He also pointed out that it is necessary for the authorities to look at the situation and follow the principles of humanity.

"Do not burn their houses just because they are in the gazetted area, although it is permitted by law, this is far from the principles of humanity.

"I hope those in authority will practice humanity in delegating their power," he said.

Meanwhile, Tawau-based Judicial Commissioner of the High Court Datuk Douglas Primus clarified the issuance of native certificates mentioned by Sipaun.

"I want to correct Simon, on the issuance of Native Certificates that the provision to the native courts to issue native certificates is an administrative order or directive to the native courts.

"The native court's power to issue a native certificate stands, which means that if the native court wants to issue, they can."

"The power lies in the native court, so if you go to the native court and you make an application, they are bound under the law to hear your case.

However, if they refuse to entertain your application, come to the High Court.

"There is a proviso in the State Constitution, whereby the State Constitution itself provides an avenue for anyone to be declared as a native," said Primus.

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Study on need for Native Land Tribunal on Sabah disputes

"As you all know the State Government has already started implementing the communal land title programme for the rakyat,"

"Sabah is the pioneer in implementing this programme to give opportunity to the landless to own land and they will be assisted in terms of infrastructures for the land development,"

"Malanjum's proposal will complement and strengthen our communal land title programme for the rakyat,"

Chief Minister Datuk Seri Musa Aman