Will the High Court in Sabah rule in favour of an indigenous riverine community called Tombonuwo Paitan whose NCR land has been given away to a commercial planter?
The High Court here fixed Aug 26 to decide on the application for judicial review by the villagers from Kg Lakang of Paitan in the Beluran District, against the encroachment into their land by a private company.
In their application for judicial review, the group of villagers, who are natives of Sabah of the indigenous community of Tombonuwo Paitan or generally known as Orang Sungai, named the Director of Lands & Surveys, Sabah as a respondent.
They applied for, among other relief, a declaration that the entire proceedings in Director Land Enquiry (Revision) No.3 of 2011 and the decisions made therein were wrong in law and hence null and void and an order of certiorari, mandamus, prohibition and damages.
The villagers have been practicing hill padi shifting cultivation for at least six generations on the land situated some distance from Sungai Paitan.
Sometime in November 2006, they applied to the Assistant Collector of Land Revenues of Beluran for land enquiry to determine their native customary rights (NCR) on their ancestral land at Kg. Lakang, Paitan.
In September 2008, they became aware of surveying activities being carried out near Sungai Paitan where they were residing and cultivating crops.
They protested to the authorities against the encroachment.
Petrus Johnny, one of the affected villagers who accompanied nine applicants to the court hearing yesterday, said the planter had already started site clearing and planting activities on the 500 acres of the land in dispute.
He said this was done even before the land title was issued to him. They were in the process of destroyed the crops and hill padi fields despite protests by the villagers.
“The villagers even lodged a police report for trespassing and encroachment to our ancestral land, but no action has been taken so far to stop the encroachment and destruction to our land, padi fields, and crops planted by the village community,” he said.
Uncertain future
Galus Ahtoi, a NCR land activist who was present at the High Court yesterday with the villagers, noted that those affected were poor kampung folk who had been living off the land for at least six generations without any interference.
“Now, a planter from outside claims that he is the owner of some 500 acres of the land.
“They are now facing uncertainty insofar as their settlement, livelihood and future wellbeing are concerned.
“It is a nightmare turning into a harsh reality that they are on the brink of becoming squatters in their own land.
“These villagers have no other land to live on. They will be left landless and become squatters if they do not get back their land,” said Galus.
In response to their requests, ACLR Beluran held a land enquiry on April 19 and allowed part of the claims by the villagers on ground of native customary right for a hill padi field measuring around seven acres.
However, the planter appealed against the decision to the Director of Lands & Surveys who dismissed the villagers’ claims.
Their counsel, Kong Hong Ming, who is representing the nine on a pro-bono basis declined to comment.
Kg Lakang, which is located in Paitan, in Beluran District, is a five hour journey by boat and road from Kota Kinabalu via Kota Marudu.
The other applicants for the judicial review include villagers Jastin Sansalu, Asyu Na’ang, Iduk Mayabing, Sanyuah Na’ang, Nawas Iduk, Rasduh Rasmin, Ransuni Iduk and Naang Samintar.
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