SABAH AG’S VIEWS ON NCR REGRETTED

CHAIRMAN of Sub-Committee for Natives Laws, Customs & Cultures of the Sabah Law Association (SLA) Datuk John Sikayun strongly disagreed with the Sabah State-Attorney General’s views that there is a cut-off date for Native Customary Rights (NCR) under the Sabah Land Ordinance.

“We note with deep regret the Sabah State-Attorney General (AG)’s views that Native Customary Rights [NCR] is valid only if occupied before 1930,” Sikayun said.

He was commenting on the statement made by Datuk Roderic Fernandez on Thursday that there is no provision in the Sabah Land Ordinance (SLO) for natives to go into occupation of land after 1930 and claim NCR on it, and a claimant for NCR today must show occupation of the land prior to 1931.

“With respect, we say that the State Attorney-General should not have publicly issued such controversial views. More so, in the present climate of increasing awareness by Natives of their NCR, arising out of their grievances and complaints against companies and others of obtaining titles to lands upon which the Natives have acquired NCR,” he said.

Further, Sikayun stressed, the views by the State AG as the top legal adviser to the State Government and were published in the newspapers gave the impression to the public that the State Government had approved his views.

He said, in other words his views represent the State Government’s stand on NCR in Sabah.

“We strongly disagree with the State Attorney-General’s views that there is a cut-off date for NCR under the Sabah Land Ordinance. This is not the position under the Sabah Land Ordinance. The Federal Court has succinctly decided that NCR cannot be extinguished unless the law expressly says so,” he said.

Unlike the position in Sabah, Sikayun said, under the Sarawak Land Ordinance there is a cut-off date for NCR which is expressly stated under that Ordinance.

“We welcome the Chief Minister’s statement that the State Government will have a discussion with the legal fraternity and experts on land matters about NCR in Sabah.

“We hope the date of the discussion will be announced as soon as possible. The Sabah Law Association is at any time ever willing and ready to offer our learned members to participate and contribute in the said discussion,” he said.

“In the meantime, we take a strong stand that in Sabah there is no cut-off date for NCR. We hope our views will give some comfort to all Natives of Sabah who have NCR on lands and due to the State Attorney General’s views they fear they have no rights on such land,” he added.

- Sabahkini