This is a story about how some public listed companies from Peninsular Malaysia have gained ” ownership” of Sabah’s Native Title lands through seemingly legal but downright dishonest means via sublease.

This modus operandi, which started around the 1990s, has been so successful that now the talk of the town is that even China nationals are getting hold of Native Title lands by setting up firms and hiring natives as employees, who hold these assets in trust. The whole idea is to circumvent the law and reap millions from the land after adding value to it by planting oil palm or other crops.

In most cases, the public listed companies do not show any of these landed assets in their annual reports, which are hidden under profits and nominees. The nominees are often workers with little education so they dont know they being used. Many of these lands were acquired after the PBS administration and yet declared under a 90-years lease in many of the public listed companies annual report declarations. One such public listed company is IJM Plantations Berhad. The Securities Commission of the Malaysian Stock Exchange should investigate IJM Plantations Berhad to ascertain whether any deceitful practices have been committed in this regard.

The end result is that many SABAH’s NATIVES will lose their lands as these will be consolidated with others and made to appear that these public listed companies have a large land bank with sub leases of up to 90 years as in the case of IJM Plantation Berhad.

So how did major corporations, companies, foreigners and NON-NATIVES gain control of NATIVE TITLED lands that has now allowed them to gain profits ONLY for themselves whereas poor and mostly, uneducated Natives end up gaining virtually NOTHING?

Let me explain.

There are provisions that generally recognise the Sabah Native Title land rights in the Federal Constitution, the Sabah State Constitution and the Sabah Land Ordinance. Yet native communities are still left out and have become embittered and disappointed because there is inadequate care and concern about respecting the spirit of these laws. And infringements of their rights are continuing. Even the SUHAKAM panel has itself described these land grabs as “injustice that is unrestrained”.

It is understandable why with major corporations like IJM Plantations Berhad, foreigners and Non-natives are dealing in native lands. Firstly, land held under Native Title is free of rent for the first 6 years and thereafter only a nominal rent of 0.50 sen per acre is payable. No premium is payable for Native Titled lands. These together with the perpetual nature of the title (999 years) and exemption of stamp duty on transfers, charges and subleases are the generous terms accorded only to Native Lands .

Hence many public listed companies, foreigners and non-natives have influenced, instructed and used poor natives as tools to orchestrate a devious scheme to circumvent the relevant statutory prohibition against dealings, owning, transferring and charging of the land between native and non-natives and to regularise what is an otherwise illegal transaction. The entire dealings are fraudulent in the way they circumvent the law and abuse the protection afforded to Sabahan Native rights and native titles.

IJM Plantations Berhad is of the notion that these natives, as Registered owner for hundreds of acres are not privy to a “shred of paperwork”. In one particular case, a native Sabahan was employed by IJM Plantations as a driver with a salary of RM2000 a month but in records with the Inland Revenue he earns RM5000 and pays taxes, which he only found out when he went to collect BR1M which he was not eligible for.

So, who declared to the Inland Revenue on his behalf and paid his taxes? He and many other natives are not able to benefit from any legal advice nor will they ever be able to find and to put their names to the ownership of these native lands as they are entrenched in some remote place in the interior. This is a simple case of an abusive employer/employee relationship.

The suppression of documentation, creation of illegal documentation and consequently making of a false declaration is not the result of any innocent error but a vital element in the furtherance of a scam which forms the basis of the contention between these poor Natives and these major corporations, companies and non-natives.

IJM Plantations Berhad entered into a sublease agreement with poor natives (as registered owner) and carried out business through the “Sublease Agreements” whereby the terms and conditions of these Sublease Agreements, inter alia are that:

1) 4(h) Lessee ( being IJM Plantations Berhad) shall be entitled at all times and from time to time to create any charge, mortgage, or any other encumbrance on the said Lands or sell or attempt to sell, rent, or otherwise dispose of the said Lands during the subsistence of this Lease or any or all extensions thereof and The Memorandum of Sub-Lease contains the Power of Sale, Sub-Lease and other Powers of these major corporations, companies and non natives which is equivalent to Owners Rights over the Native Titled lands.

These agreements which were in fact Power of Attorney and thus contravened S17(1) and S64 of the Sabah Land Ordinance should be void, illegal and of no effect. To entrench further its hold on these Native Titles, IJM Plantations Berhad also executed Trust Deed Agreements, specifying clearly who had financed the entire sale and “threatening” these poor natives to toe the line. Some of the terms and conditions of the said Trust Deed Agreement, inter alia, are that:

a) The Trustees have entered into a Sales and Purchase Agreement at the demand of the Beneficiary ie IJM Plantations Berhad, in respect of the said Native Titled Lands on the terms and conditions contained in the said Agreement.

b) The consideration due to the S & P was provided, supplied and financed by IJM Plantations Berhad. (This itself is an illegal act as companies money was used and financed for an illegal act acquiring these NT lands)

c) All rights and interest accruing thereon in trust for IJM Plantations Berhad

d) Assign and transfer the said lands to such person or persons at such time or times and in such manner or otherwise deal with the same as IJM Plantations Berhad shall direct or appoint.

e) Any such assignment, transfer or dealings or if so required to enable the interest of IJM Plantations Bhd to be protected.

In furtherance of such scams, IJM Plantations Berhad conveniently execute “white papers pre signed or pre thumbed” by those poor natives ( also known as MOT in escrow), so they may at any time transfer, sublease, sell or charge these lands without informing them . Native Titled land owners have absolutely no idea how extensive the acreage owned by them are as no disclosure nor information on the titles, sublease payments nor tax returns has ever been disclosed to them.

The modus operandi of these rampant acquisitions of Native Titled lands in the pretext of lease legally obtained by IJM plantations Berhad by using so called “proxies”or “nominees” to purchase the native lands gives the notion that Jabatan Tanah & Ukor Sabah concurs with such illegal arrangements and that such practices have not come under any form of scrutiny from the supposed guardian of the NT lands in many of the interior areas of Sabah. In some cases, the Jabatan Tanah & Ukor Sabah and its PPHT Offices throughout Sabah even deem this manner of arrangement legal and valid and proceed to register these sublease on the titles. This in spite of it being patently clear that they are in defiance of the Sabah Land Ordinance. RM 1 for transfers and subleases in some cases are simply baffling!

These public listed companies, foreigners, and non natives then amass millions of ringgit enterprise by representing ownership through their many illegal agreements while the registered Owners (natives), in line with such nominal ownership, remain poor.

The entire dealings are fraudulent and circumvent the law and abuse the protection afforded to Sabahan natives rights and native titles. The authorities lackadaisical attitude over the fundamental rights of the Natives over their lands can be seen in the fact that there are numerous land cases where the Natives initiatives to have their NT lands officially protected have failed.

Pursuant to the Sabah Land Ordinance, it is normally illegal for any major corporation, foreigner and non native to own Native Titles in Sabah. Based on numerous complaints to the Sabah Courts of Non Natives using Natives nominees to purchase Native lands on their behalf, the Sabah Government and Chief Minister Musa Aman should immediately consider a new law to crack down on the use of Native nominees to purchase Native Titles. Such a new law should provide for punishment for individuals (including lawyers, brokers and agents) offering advice to Non Natives on how to hold NT Titles property by concealing and disguising their transactions. The intended law should also allow the seizure of non-natives land found guilty of holding the Native Title property to transfer the land to another Native or to sell it within 30 days.

There should be a balance between protecting Native interest while still welcoming investment into Sabah.

The growing people’s protest are proof of the intolerable impact of land grabbing on local communities by major corporations, companies, foreigners and non natives.

Native communities are losing control of the land, along with their rights to be consulted and to pursue agrarian reform programs. We must remember that the indigenous people were here first and that means something – socially, economically and legally.

Sabah’s poor natives need help to reclaim what is rightfully theirs. Only the State Government under Chief Minister Musa Aman can do something for a problem that has been running for over two decades.

Comments
  1. […] Living off the Rape: The Lost Native Titled Lands to the Outlanders […]

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  2. Que sera sera says:

    CAME ACROSS THIS ARTICLE IN A WEBSITE OF AN AGENT?

                                 Can foreigners & Non Natives own NT property in Sabah?
    

    Can you as a foreigners & Non Natives legally own NT property in Sabah? Buying property in Sabah is not a simple process. The first thing you need to know is that it is illegal for foreigners & Non Natives to own NT property. This is written in the Sabah Land Ordinance 1930. There are other options for foreigners & Non Natives for NT ownership. For the purpose of this article let’s stick with the basics.

    First thing is first. If you are serious about buying, you should seek professional legal advice from someone in Sabah who knows how things work here. I am not a lawyer but only a humble real estate agent. This is my best attempt to explain the basics of the process.

    It is legal for foreigners & Non Natives to “own” leasehold NT property. Generally this will be lease terms of 5, 10 or even 30 years. There is some discussion about leasehold NT properties being limited to terms of 30 years. For this reason contracts are usually written up for 30 year terms and then signed in advance by both buyer and seller. In areas like Penampang, Tuaran and Mengatal today, it’s almost impossible to even find NT property for sale. Sublease is the only option.

    Many foreigners & Non Natives who attempt to buy NT property in Sabah using the nominee system. This is where the foreigners & Non Natives buyer puts the freehold NT title into the name of a Sabahan Native. You will hear many horror stories about nominees stealing the land. However in my experience, when the documents are prepared correctly, the nominee system is a feasible path to ownership and investment in Sabah. It is difficult to confirm but in my opinion, the recent interest among majority of foreign investment of real estate in Sabah is made using this system.

    The nominee system is done differently by different lawyers. It is very important that you choose the right lawyer to make the agreement. As a real estate agent and an investor in Sabah, I have a vast experience with the nominee structure. I have seen them go well and I have seen them go wrong. To make a nominee agreement properly you should have the following agreements:

    1. Mortgage on the land or acknowledgement of debt. This puts the foreigners & Non Natives name on the title as a lien holder. The loan has to be paid back before nominee can do anything with the land. This stops the nominee from selling the land without the permission of the foreigners & Non Natives.
    2. Land Subleased. This is in my opinion the most important document to have. This is generally drafted into the sublease agreements. Basically, it grants the foreigners & Non Natives a leasehold title for the next 30 years. Remember that sublease property in Sabah is legal. If you ever have a problem with your nominee, this is what will secure the property. This is your insurance.

    3. Power of attorneys. This is where the nominee gives the foreigners & Non Natives full permission in advance the right to sell, sub lease, build and basically enjoy the land as their own.

    Generally in all aspects of life greater risk equals greater reward. If you have the dream of ownership in NT Land this is one way to realize it. Many other foreigners & Non Natives have bought and sold land this way. Of course some foreigners & Non Natives have had problems with this but generally these foreigners & Non Natives have made careless mistakes like meeting a girl in a bar and then buying land using her as the agent and nominee.

    The nominee system is actually very similar to offshore banking structure used in tax haven islands or even in Switzerland. In my experience, wealthy people have the least concern about the system. They are already accustomed to this type of arrangement. They even like the fact that they have an asset that is not in their name which no one could ever take from them or even know about.

    The best way to look at this type of ownership system is that you are essentially buying a legal subleased property. You are making an attempt to control the NT title but you do not own the NT title. If things work well then when you sell, you will sell the property as freehold. It should be noted that over the last 10 years, people who have been brave enough to do this in Sabah have made huge profits. As a worst case scenario, if you have a problem with the nominee, the property is still yours to enjoy as leasehold and even sell as a leasehold property.

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  3. Frustrated Sabahan says:

    JOKOWI – “Karamkan bot mereka “

    Amaran itu dikeluarkan oleh Presiden Indonesia, Joko Widodo (Jokowi) berikutan tekanan akibat pencerobohan nelayan Malaysia dan China yang disifatkan sudah mencapai tahap darurat.

    “Tidak perlu menahan mereka, karamkan bot mereka. Karamkan 10 hingga 20 (bot). Itu akan membuat mereka berfikir,” katanya seperti dalam laporan Utusan Malaysia.

    ”Presiden telah berkata bahawa sektor maritim Indonesia kini berada dalam keadaan darurat dan kita perlu mengambil satu pendekatan baru yang lebih berani” dan mengecam tindakan pencerobohan nelayan terbabit.

    Ujarnya, beliau berharap amaran tersebut menjadi mesej kepada Malaysia dan China serta merancang protes diplomatik di pejabat-pejabat perwakilan negara terbabit.

    +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

    The President of Indonesia in protecting the Indonesian fishing industry has suggested “drowning” 10 to 20 boats from Malaysia and China and that will get their attention.

    So what is so wrong in taking away NT Lands “owned” by non natives and listed companies to protect the Orang Asal from being exploited and losing these lands

    Unless the greater good is to “protect” these non natives and listed companies exceeds the need and the importance of Natives.

    Only the Director of Land and Survey of Sabah and Chief Minister of Sabah can answer this

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  4. Distressed Sabah says:

    He said that he will “put the fear of God into people who are dishonest” and described the state of corruption in Sarawak as “very bad, a reflection of what enforcement officers have not been doing.”

    “Some, of course not all, pretend they don’t know. The reason is very simple; either they are stupid, cowards or corrupt,” BMF noted Adenan as saying.

    “These are the clearest words ever we have heard from a leading Malaysian government minister to combat corruption as a root cause of deforestation and under-development,” added Straumann in Berkeley, US), where he is currently on tour to promote his book Money Logging: On the Trail of the Asian Timber Mafia.

    “We commend Chief Minister Adenan Satem for his courageous stance and important leadership in this question.”

    “The international community and civil society are ready to assist Sarawak in badly-needed reforms not only of the forestry practices but also its governance and institutions in a wider sense.”

    And what have our leader mentioned on the NT land scam

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  5. Irresistable man & Magnificient dope says:

    Sabahan Tulin,SabahSon, Sabanan Native, Awang, Koh, En Hamzah Abdullah, John, Abdul Razeek, Tanah NCR untuk Orang Asal, Orang Asal, Shane, Johnny B, Ron and Jimmy what is your opinion on these grounds

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  6. Irresistable man & Magnificient dope says:

    DSP. Lajim had given a list of names of non-natives who possess the Native certificate. Why the exposure now?. Why not earlier when he was part and parcel of the ruling government?

    In any case this is not what the Sabah for Sabahan and I think Selva’s exposure is about..

    Why does everyone keep talking about Natives selling their NT lands? What is so wrong in Natives Selling NT lands to other Natives.

    What is wrong though is Native nominees (driver, amah, labourer, employees etc) EXPLOITED by big boys (listed Companies, Non-natives and foreigners) to buy under these Natives names these lands and then CHARGED to financial institution so that these poor native will not be able to lay any claim on these lands.

    NO sublease money is paid…. No further remuneration paid except the employee”s salary for the job he is paid to do.

    Of course the CM of Sabah and the Director of Land & Survey of Sabah had confirmed that these NT lands will always belong to the said Natives.

    These mechanism are enough to frightened the poor employee Natives from making a report let alone claiming these lands. NO sole bread winner for mouths to feed will ever snitch on their employees

    The PPHT Office had also confirmed that the sublessee(tenant) has the right to hold on the NT lands TITLES and not the Owners.

    Can anyone explain, how these poor Natives nor their family member will ever know at end of the 30 years lease that he “owns” these NT lands?. What about the loans taken from the banks to develop these lands?

    I think we all know that when the Banks gives out the loan for the said NT lands, it is to this people behind the scene (listed Companies, Non-natives and foreigners).

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  7. Distressed Sabahan says:

    As usual, everything is forgotten easily. (Who says melayu cepat lupa – anak negeri lagi cepat lupa). Just 2 to 3 weeks ago, the press was “hot” about it, the politician were angry at being taken for a ride. And as usual all – is well in the land below the wind. Maybe it literally means we sweep everything under the wind. What say you?

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  8. Awang says:

    The Director of Land & Survey Osman a Bugis is talking nonsense, I have read both articles Selva wrote in the Daily Express, nothing is said about transfer of NT title to any company. The aricle only says the Natives are cheated by the modus operandi of IJM plantation using sub-lease on NT titles. After 30 years the native is probably dead and gone and his descendent will not even know there that was a NT land registered under their family members, in the meantime IJM will make the millions.

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  9. Irresistable man & Magnificient dope says:

    Sanloda’s head is also a former Elected State Assemblyman for Moyog from 1999-2004. He had served briefly as the Deputy Speaker of the Sabah State Legislative Assembly from 1985-1986, Datuk Seri was an Advisory Panel Member of the Public Complaints Bureau, Prime Minister’s Department (2006-2010) , the President of the Council of the Justices of the Peace Sabah (MAJAPS), and the President of the National Council of the Justices of the Peace, Malaysia. .On 1 March 2009, he was appointed as Chairman of the Institute of Development Studies Sabah (IDS) by Ketua Menteri Sabah, Y.A.B. Datuk Seri Panglima Musa Haji Aman, J.P. .

    His deputy is the deputy Chairman of Sabah Public Service Commission.(PSC), the Deputy President of the Council of the Justices of the Peace Sabah (MAJAPS),Vice President of Majlis Datuk-Datuk Negeri Sabah (MDNS), the former President of Sandakan Municipality Council.

    Hj. Dahlan Hj. Awang Tengah, former deputy director of Sabah Land Office, a LICENSED SURVEYOR beside 10 others, have got it all wrong going by Datuk Pengarah LSD “valued opinion”

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  10. Irresistable man & Magnificient dope says:

    1). Finally, he decided speak up and that to address this after MORE than 2 weeks of complete silence to just issue DENIAL

    2.) I don’t think there was ever any mention of NT lands being TRANSFERRED directly to these Companies. What Sabah for Sabahan had mentioned is the modus operandi of these Companies and non-natives by using poor native employees as “owners” by holding on to these titles.

    3). There was never a proposal to amend/ or add to the sublease laws but rather on “ownership” by such mechanism in the said article.

    4). Who are the real owners?… the “poor native paper owner” or the Company that enjoys all the benefits from these lands. He did not bother to address whether these Natives are being payed any sublease fees on their NT lands but rather chosed to address on the potential value of the NCR lands AFTER 30 years.

    5). He did not address that such mechanism IS NOT WORKABLE but he merely DENIED the existence of such operation.

    6). The proposed law by the article of Sabah for Sabahan merely served to warn off anyone who is bordering in such practice.

    7). He should also read up on what constitutes NCR lands and NT or just let the learned state AG to rebuttal on his behalf

    Sanloda are also wrong in asserting that the Sarawakian’s are also doing it.

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  11. Hamzah Abdullah says:

    Batu Sapi Pas Chief Hamzah Abdullah said Land and Survey Director Datuk Osman Jamal, in his statement yesterday Tuesday, failed to address pertinent issues on Native Tittle lands.

    According to Hamzah, the letter by Sabah for Sabahans in the Daily Express Sunday Forum (Oct19) and this blog posting “Living off the Rape” was not misleading or confusing as the writer was trying to tell Sabahans that the transfer of Native Tittle lands to “fake natives” was on the rise at a very alarming rate.

    “Osman could not simply deny or brush aside these claims as there is evidence which can be adduced if demanded by the land office.

    “Osman also failed to deny that native land-owners who entered into sub-lease agreements have their titles mortgaged with banks without their knowledge coupled with the apathetic attitude of the Land Office that ignored the importance of stamping restriction on the titles mortgaged with the banks,” said Hamzah.

    In a statement on Wednesday, he said Osman’s denial that there were grouses being aired by native land owners with the land office on the shortfalls in the agreement with the developer was also not correct.

    “I myself have written several protest letters to the appropriate ACLRs on various matters relating to the unfair deals faced by the landowners.

    “I wish also to highlight here that there exist senior and top officials in the land office who were appointed DIRECTOR by companies involved in the “LAND GRAB” in the TAMBISAN DISTRICT so much so that land inquires were always biased and judgement passed favouring the “GRABBING” company ,” he said.

    Osman had said that sub-lease, which has existed and practised since 1930 does not involve transfer of land ownership and instead it was actually one way to protect the natives NT lands from being sold completely to a non-native or company.

    Osman said presently, the State only allows native lands to be sub-leased to a developer company for a period of 30 years, under the State Land Ordinance (Amendment) 2000, shortened from 99 years previously.

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  12. http://www.freemalaysiatoday.com/category/nation/2014/11/05/no-reports-on-sabah-land-scam-allegations/

    No reports on Sabah land scam allegations
    Joe Fernandez

    | November 5, 2014

    Sabah Lands and Surveys Department (LSD) denies its staff are involved as middlemen in running land scams.

    KOTA KINABALU: The Sabah Lands and Surveys Department (LSD) has issued a 13-page statement on various allegations in the latest Selvarajasomiah blog posting living-off-the-rape.

    The blog posting alleges that millions of acres of NCR (Native Customary Right) land in Sabah are now owned and developed by conglomerates from Peninsular Malaysia and even from China through illegal sub-lease agreements.

    LSD Director Osman Jamal stressed that his department had never received any formal reports from Native Title holders saying their lands had been taken illegally or without their consent. No one who had sold their land to a third party who then sub-leased it to a private company had ever gone to court and said they had been cheated or that the sub-lease was without their consent, he added.

    “If there is indeed illegal transfer of rights, be it through sub-lease, the court may order the Lands and Surveys to cancel it and return the land to the NT title holder,” he said in dismissing allegations that LSD staff were involved as middlemen in running a land scam.

    “For instance, if the signature of the owner was forged in the sub-lease agreement, without consent, this is already a criminal case and should be reported to the police. We advise complainants to lodge the report or get the land owner to lodge the report if the sub-lease is indeed illegal.”

    Osman, who did not address loopholes in the law, noted that the blog posting alleged that hired local middleman including LSD staff would acquire the land for the sole purpose of sub-leasing them to a company, generally from Peninsular Malaysia.

    “This was said to be robbing the natives of their lands. I must say the statement was very misleading as it portrayed the government, in particular the Lands and Surveys Department as not sensitive and not protective on the land rights of the Orang Asal,” said Osman.

    He hastened to add that there would be no transfer of title to any company, and NT lands remain in the hands of the Orang Asal.

    “The lands are only sub-leased and all sub-leases registered with the department had been processed accordingly based on existing laws,” he assured. “I feel that we need to explain the matter thoroughly so that people can have a better understanding and not be misled.”

    “No Native Title lands were ever transferred to private companies because this simply cannot be done. NT land grabbing by private companies is a non-issue.”

    The laws regarding ownership, sub-lease and even conversion of NT lands were created, amended and continuously refined, continued Osman, with the ultimate objective of protecting the rights and interest of the Orang Asal.

    The Land Ordinance since 1913 only allowed for NT land to be sub-leased, he cautioned, and not sold to non-natives. The idea behind it, he said, was to prevent land dealings between Orang Asal and others while at the same time help the former add value and benefit to their lands without having to sell them.

    “The British administration knew that the Orang Asal people did not have the financial capability to develop their lands, so they provided a way for a third party to develop the land in a win-win situation,” said Osman. “The Ordinance, although it has been amended many times, remains the same, and that is to protect the rights of the Orang Asal.”

    “Sub-lease allows NCR lands to be developed and the installation of infrastructures by the private company, such as roads, electricity and water, will add value to the land itself while at the same time still keeping the ownership of the land with the Orang Asal.”

    Osman explained that it was the policy of the Sabah Government to encourage its agencies to help the Orang Asal to develop their NCR lands through joint ventures in agricultural activities, among others. “Once the sub-lease period is over, the land automatically revert back to the NT title holder, along with all the added values,” he said.

    Osman disclosed that there were 4,621 NT titles that had been sub-leased for 30 years and another 1,933 sub-leased for 99 years, involving a total area of 89,400 acres. Some four listed companies were involved in developing the lands while the rest were non-listed companies, he added.

    “Only NT lands within the municipal rating zone were allowed to be converted to Country Lease (CL) while those outside the township area will remain as NT lands,” he assured.

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  13. Distressed Sabahan says:

    After ‘seeing’ the deafening from both of the political divide of our State, it is safe to conclude that their “political fundings” must come from the like of these rapists (to use Selva’s term loosely).

    SANLODA had confirmed that the Non-native Sarawakian are at it, Selva had exposed that the public listed companies are cutting in the deal as well, the Sad Sabahan in Daily Express column had mentioned foreigners, non-natives and a whole bunch of other are also jumping in the act…….and yet sadly no one has responded on the restitution proposal.

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  14. Razak H says:

    John, you know why Datuk Dr Jeffrey Kitingan is very quite about this matter? Because it was the PBS government which gave away 400,000 acres of land meant for native Sabahans to public listed companies including Hup Seng. Pairin and the rest of the PBS gang will never open their mouth because its them who started this whole thing. Mr Selva is right when he mention PBS in his piece.

    Haris Salleh had done a great job when he allocated 200,000 acres of land for the natives but Pairin took it all away and gave it to his cronies when PBS came to power. Shame on Pairin and Dr Jeffrey.

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  15. Sabahan Tulin says:

    Since Selva is so close to Musa Aman and he keep praising Musa and even in one of his articles here said Musa is the best CM for Sabah, he should bring this issue to CM and see what Musa has got to say about all these.

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  16. Irresistable man & Magnificient dope says:

    Sabahan Tulin,SabahSon, Sabanan Native, Awang, Koh, En Hamzah Abdullah, John, Abdul Razeek, Tanah NCR untuk Orang Asal, Orang Asal, Shane, Johnny B, Ron and Jimmy should be in the front line movement exposing such NT land grab scandal.

    What say you all?…..

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  17. Irresistable man & Magnificient dope says:

    oops sorry I mean ….Try passing that proposed law….. No Foreigner, No non-native, No public listed Company would dare deal in NT lands. All of a sudden, it’s not WORTH the risk.

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  18. Irresistable man & Magnificient dope says:

    Another legal firm mentioned. … maybe we should be talking about which legal firm is NOT doing it.

    Let’s face it unless and until the proposed law is effectively adopted EVERYONE would exploit the NT lands.

    Try passing that proposed law….. No Foreigner, No non-native, No public listed Company would dear deal in NT lands. All of a sudden, it’s not WORTH the risk.

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  19. jimmy says:

    Terlibat juga SK Pang & Co

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  20. Ron says:

    Thank you Irresistable man & Magnificient dope. I am still very disappointed and sad the way Tan Sri Richard carries himself. When our Sabah Judiciary chaps got transferred to Malaya recently, Tan Sri didn’t lift a finger, hardly said anything, so very disappointing because we had high hopes that Tan Sri will put his foot down and do something but he didn’t.

    By the way, did you hear the rumour in town that Justice Chew had a golden handshake and that’s why The High Court has ordered Christina Liew and 2 others to pay a record RM557 million to Borneo Samudera Sdn Bhd?

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  21. Irresistable man & Magnificient dope says:

    For a better understanding on this RM557 million cheating case is, do read here: https://www.facebook.com/BukanZombie/posts/348428562003587.

    Does that mean that from now onwards non-natives, foreigners and public listed companies could be slapped with a penalty of at least 7X the value?

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  22. Irresistable man & Magnificient dope says:

    Ron, I’m merely quoting what the learned Tan Sri had mentioned during that symposium 2 years ago. Just wondering if he still feels that way when he took a swipe at the NT land dilemma then..

    The deafening sound from our “seasoned politicians” including the Natives champions in the like of Tan Sri Pairin, Tan Sri Bernard Dompok and others speaks volumes of their “struggle”

    I suppose them being silent is GOOD as it is tantamount to be in agreement with Selva’s article – Living off the Rape: The Lost Native Titled Lands to the Outlanders! (Very feisty title but well said)

    BTW….I am all for johnny b’s call.

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  23. Ron says:

    Irresistable man & Magnificient dope, Tan Sri Richard Malanjun has been sidelined, dont you know that? Bringing Martin Idang to the judiciary is his downfall.

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  24. Irresistable man & Magnificient dope says:

    Tan Sri Richard Malanjum on his keynote address at a symposium on Sabah Native Rights: Issues, Challenges and the Way Forward held at UMS on Jan 30th 2012, explained that even if Section 5 of Sabah Land Ordinance stipulates that “the whole land of Sabah belongs to the government”, the Malaysian court’s position when it comes to dispute between native land owner and the authority is guided by the principle that “the government is in a fiduciary position to protect the interest of the natives.”

    “Whenever the court deliberates on cases that potentially will erode NCR, the court shall weigh the ‘adverse effect’ on the natives…,” as in other countries like Canada and South Africa that is set to respect and protect native rights. This should be sufficient to protect the poor natives interest

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  25. johnny b good says:

    It will be foolish to think the State Government together with others will have the magical portion for solution to all NT lands problem. The only way is for all right thinking Sabahans to make an effort either by joining the chorus in condemning anyone profiting thru such mechanism as been highlighted or be part of networking partners in coming up with solutions.

    Like

  26. Irresistable man & Magnificient dope says:

    Seriously, do you think such exploitation is only in the plantation sector? What about developers who are using such modus operandi to create “housing and commercial projects” by converting from NTs to CLs.

    When and who does this conversion would definitely reveal the hidden hands if one bothers to do forensic audit on the land titles. Just look around Penampang, Tuaran, Putatan, Kinarut, Papar to name a few place. How many times have we heard that we must and need to do all this (for Development) rings a bell?

    Why can’t developers develop CL lands and if they MUST develop NT lands, why not treat the Natives more respectfully by offering JV that is more acceptable than using nominees to purchase these NTs and then converting the NTs to CLs before showing the true hands that have dealt in it.

    The ONLY way to teach anyone who is dealing in such manner is to LOSE it to the Nominees. Only then the games ends and mutual respect for a fellow human being will be observed

    Like

  27. Irresistable man & Magnificient dope says:

    The suggestion that the State should repossess these NT lands is absurd as the the State should not be seen “benefiting” or “profiting” from such deal but rather they should come as the white shining knight to defend the poor, uneducated and exploited Native.

    What is so wrong in correcting the exploitation?

    Like

  28. Irresistable man & Magnificient dope says:

    The Sanloda boys are barking at the wrong tree. Just becos they are Natives does not necessarily make them right in advising on such issues. One must remember an EX MP, an EX President of STC and Ex Dep Dir of Land Office did nothing much when they were on the driver seat For a starter, why diidn’t they AGREE that they proposed new section in the Land Ordinance would be a better option that could fix all the mess. SIMPLE the super rich Natives were offering themselves as a better option. What is so wrong in retaining the land under the poor Natives nominees name and paying him the rightful amount. What we don’t need is a new ‘FEUDAL SYSTEM”

    Like

  29. shane says:

    The opposition is so obsessed with the secession issue when hundreds of thousands of hectares of NT lands have already been ceded to Public Listed Companies through the use of proxies and secret side deals. Some up to 90 years.

    Bursa Malaysia should step in and investigate, include requiring all public listed companies operating in Sabah to declare that their land bank had not been amassed through dishonest means, failing which they would have to surrender these lands back to the Sabah State Government.

    This must also include lands acquired through falsely declared Native Certs like YB Jimmy Wong case.

    Like

  30. […] Blog itu boleh dibaca di SINI […]

    Like

  31. orang asal says:

    OKK William Majimbun, Kota Kinabalu Native Chief, should be investigated for issuing NATIVE CERTIFICATES to non-natives from Malaya, China, Singapore and Sarawak. His excuse that all the documents rosak because of the flood is rubbish. William kau main politik sampai kau jual orang asal

    Like

  32. […] Blog itu boleh dibaca di SINI […]

    Like

  33. Mohamed Razeek says:

    I am made to believe after talking to a few lawyers in town that Sabah Law Association President Datuk Ganes Nandy is also part of this whole deal with IJM Plantations, can anyone verify this pls? Another lawyer mention is Edwin Tsen the brother of Linda Tsen the PBS MP for Batu Sapi Sandakan.

    Like

  34. John says:

    People like Datuk Dr Jeffrey Kitingan instead of harping about Sabah succession should look at how the real succession of Native land in Sabah is taking place under their nose. Get your priorities right Jef!

    Like

  35. Hamzah Abdullah says:

    I commend Sabah Native Land Owners and Developers Association (Sanloda) President Datuk Clarence Bongkos Malakun for coming out in the open to defend the Native Title (NT) lands.

    More than 2 million acres had been illegally transferred to “fake” natives or had been “leased” to non-natives via nominees who are natives but more of a “culprit” in nature acting with material returns at the expense of ” as good as losing the lands” altogether.

    Leasing of NT lands for 30 years or more is as good as selling the lands altogether. There are also instances where the NT titles that had been leased to non-natives were mortgaged to banks without the consent and knowledge of the real owners.

    Unless and until the Government acts firmly to protect the sanctity of NT lands from further dipping, NT lands will soon diminish and be acquired through bogus deals.

    Like

  36. koh says:

    i hear in town some lawyers are involve in this scam.

    Like

  37. Awang says:

    Orang Sabah kena tipu lagi.

    Like

  38. Sabanan Native says:

    Kwantas Corporation Berhad also has 100 thousands acres of NT land in Kinabatangan area planted with oil palm. Kwantas is owned by Chinese Singaporean brothers and sisters and how come they can own thousands of acres of NT land? I understand Kwantas owners have native certificates declaring them as natives in Sabah, how come? Please investigate them also.

    Like

  39. SabahSon says:

    Lawyers are the main culprit. They constructed all the legal documents to “legalised” this act of robbing from the natives.
    The Land Officers too just closed their eyes on this. If I am not mistaken the registered native land owners must be present to signed or tumb print all documents(attesting) before them. They should also be punished.
    Musa Aman.. The ball is now in your court..

    Like

  40. Sabahan Tulin says:

    Well done Selva. I have taken the liberty to sent your story to Bursa Malaysia. IJMP is gameover in Sabah for cheating Sabahans.

    I like what you are doing for Sabahans!

    Like

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