Has Bako land issue become a hot potato?

NEWS ANALYSIS Recent allegations by disgruntled land owners of "unfair compensaton" following land acquisition by the Sarawak state government in the Bako area are raising temperature with elections around the corner.

Common Law practice in equity demands that owners of land should be compensated fairly if the state acquires it for one reason or other, including for development purposes.

Recently, land owners have alleged that this has not been practised where the Sarawak state government is concern. For example, 3,000 acres of 437 parcels of land were being acquired at Bako, 37km from Kuching.

In Sarawak, it is common for state lands, Native Customary Lands (NCR), and even private lands, to be “taken” with minimal compensation or none at all, at times under its common laws.

The majority of the land owners at Bako whose lands were acquired are not giving it away on a silver platter. Most are willing to ‘fight’ for a fair compensation.

Most of the land owners are middle class Chinese from all over with the majority from Kuching and Sibu. Many are professionals, with a number of them working overseas.

The land acquisition only come to light in September when notices were sent to land owners to attend enquiry meetings in stages. Furious land owners made a beeline to the DAP headquarters seeking justice.

Over 200 of disgruntled land owners have grouped together and formed committees in each main cities to have an easier way of networking with each other.

A DAP team led by state assemblyman Chong Chieng Jen, which included state assemblywoman for Pending, Violet Yong, and Stampin secretary, Wong King Wei, gave legal advice to the group who had started off by signing a petition to the Chief Minister and sent copies to all the 71 state assembly representatives in Sarawak.

The first batch of enquiry at the Land Office started on Oct 4 with many of them returning home unhappy with the compensation, which ranged between RM40,000 to RM80,000 per acre.

Chong, calling the state government a bully, said people invested in lands which were supposed to yield higher price in the future, but in Sarawak, people are losing out on this investment.

He said the state government in acquiring the 3,000 acres had never stated their intention of what they wanted to do with the land. He said it is similar to the cases of taking state lands or NCR lands under the disguise of ‘development’ before giving them to private cronies and companies for commercial purposes.

In meetings with the land owners which were mostly loud and angry, all sort of names were hurled at the state government, from "daylight robbery" to unprintable names.

A number of land owners were unhappy with some SUPP leaders, who had told them to accept the compensation awarded.

Chong said if SUPP President George Chan (right) had not staged a walkout in the Dewan sitting last May when he was about to move a motion on the Land Law Reforms, this (he said of the acquisition) would not have happened.

He said George had assured through the media that he would solve the Bako land issues but it appeared that solving means asking the land owners to accept the minimal compensation.

All the land owners, over 200 of them who gathered for the meeting at the DAP headquarters recently, had a sad tale to tell. Many spoke of the "blood and sweat" money they toil to invest for their old age, or to use the land as a collateral for their children’s education.

A pensioner Ting, who would be 70 by year end, said he worked hard to buy a few acres of land. “The land I bought with my hard work today came to nothing. I bought an acre for RM120,000 and now they want to compensate me with RM80,000. What is this," he said in exasperation.

Wong Pak Wun, who is in his 40s, and currently working in Australia, flew all the way back after being told by his mother that his four and half acres of land has been acquired.

Wong said all over the world, people invested in land for the sole purpose of getting good financial returns except in Sarawak where it’s a different story.

He told of how he toiled for 14 years in the United States and after being repeatedly asked by his mother to return home, he took out 90% of his savings to invest in the land.

He was told by the surveyor that each acre of his land would cost between RM200,000 to RM250,000. “To be paid a mere amount of RM40,000 or even RM60,000, it just blew my mind away,” he said shaking his head.

Wong had since returned to Australia, where he has built his home, and has asked his mother to join him. He said his mother had in the past, wanted to stay on in Sibu as it was her hometown and where she grew up.

“With all the happenings in Malaysia, from corruption to robbing the ordinary people, even my mother is now willing to uproot herself and set home elsewhere,” said Wong.

Stating that he would be willing to take a lower amount if the government were to build schools, hospitals or public facilities, Wong said the worst is that the land would be given to cronies for commercial purpose.

“Then count me in. I am ready to be involved in any commercial development. Afterall, the land is mine,” he added.

To add salt to the wound, three land owners at Bako discovered that their parcel of land was issued to different owners.

Violet, who helped the trio to sort out their predicament, said Ong Teck Chuk, Ong Siew Lan, and Ong Teck Eng bought the three acres of land in 1974 from one Salleh bin Gama.

When the Bako issue was highlighted, the Ongs’ went to the Land Office to do a search, but were shocked to find out that their land belonged to three other owners. The Ongs’ title was under Occupation Ticket, which will expire in 2014, while the new owners were given perpetuity title.

While the Ongs had never failed to pay their yearly quit rent of RM212, the new owners are incredibly paying only RM8.

Violet blasted the Land and Survey for the discrepancy and believed that this was not the only case. "Imagine the anguish the owners are going through. They have lost much in the investment and now they are fearful of their lands being 'sold' without their knowledge.

“It looks like there is some hanky panky going on. How come the same plot of land could be given to two sets of different owners who were both paying annual quit rent. This goes to show how inefficient the Land and Survey is,” she stated.

She said the Enquiry for the land owners would be on Oct 26 and despite this, the Ongs have never received any notices. A police report has been lodged and the matter had also been brought to the attention of the Land Office.

When asked, George said SUPP understands the feelings of the Bako land owners in wanting a fair deal and would welcome them to see him if they want.

He said the actual price of the land cannot be determined until an evaluation has been done.

Chan also hit out at the DAP and said a dialogue session can be arranged to meet the land owners.

In the latest development, the chairman of the Bako land pro tem committee, Ting Hwa Ling, claimed Sayturday that Chan had promised to help their members fight for higher compensation.

Ting said he and several landowners met the SUPP president at the party HQ. He said they told Chan that the reasonable compensation price should range from $150,000 to $200,000 per acre, depending on the location.

In the final analysis, what has started as a legal problem has finally turned into something of a political issue. The political leaders of the state should therefore realise the political, economic and social implications if this issue is not resolved to the satisfaction of all parties.

From a political angle, the dissatisfaction which has surfaced will no doubt make those frustrated by their dissatisfaction over the compensation issue to turn against the government in general, and the SUPP in particular.

The fact that the unhappy landowners have approached the DAP is a clear indication of this manifestation.

From an economic angle, those planning to invest in the state, particularly in land, will now think twice, knowing that their future expected income will not be as lucrative as they may have thought. If this trend persists, then those who have made their fortune overseas in their youth will not plan to return, causing not only further brain drain, but a loss in financial resources to the state.

The social implication should also be looked into by present and future leaders, particularly those who intend to hold to power and their expected supporters are from the Chinese community. The ruling parties will not be seen as "people friendly" and this attitude will be further taken advantage of by the opposition.

If the problem persists, one would prudently conclude to claim to know where the Chinese votes will go in the next elections. Malaysian Mirror