Kg Hakka:100 years of existence waved away

The first Monday of every October is designated by the UN as the World Habitat Day. The main purpose to celebrate this date among others is to reflect on the basic right of all to adequate shelter.

The UN has dedicated one day to highlight the plight of people fighting for roof over their heads as it seems that the right to a home is one of the most fundamental human rights. With this, let me argue the case of Kampong Hakka in Mantin, Negri Sembilan.

When I first stepped into Kampong Hakka a year ago, I was amazed that a Chinese new village complete with a temple, community hall and school existed there and I was further shocked to learn that all the people living there have been declared illegal settlers just because some rich company had bought their land.

When I looked at the building structure of their homes and their lifestyles, I was convinced that these villagers have a history to talk about, having lived there for many decades. Most of them were elderly people as their children have been drawn to more urban town centres. Their economic activity varies with most being petty traders to self employment.

I then met a whole bunch of them in the community hall. I was warmly welcomed and they related their plight to us. I listened and posed two major questions to them, which will determine whether I wanted to continue working with them.

The first was if they think that they have a right to stay in their current homes and the second, if someone else claims that they have the grant titles to their land, will they then move out. 

They responded strongly that they have rights, and spoke of how their forefathers came many years ago, how they built this village, saying that they will fight to stay on.

I was shown a photo of the village taken in the 1960s when there were only two buildings in Mantin town, which I recognised as the rest must have come up after the village was set up. Some asked me, "Where do you want us to go?"

Looking at all angles, I was convinced of their plight. Along with friends from Community Front (CF), a PSM entity, we decided that the people have a legitimate right to struggle on and that they have a genuine case.

History dating to1860

During our discussions we also learned of many disturbing issues among them that some villagers have already taken compensation and left. 

The amount given ranged from RM1,500 to RM 7,500. The amount is low by any standard. Many claim that they were either cheated or threatened into accepting the amount. 

When asked what their demands would be like, the remaining villagers wanted to stay put on the current land,  failing which they wanted to be given a plot of land or a house at the same location. I thought their request was reasonable.

They claim that their village is over 100 years old, tracing its history right back to 1860. 

Most of them came from Hui Zhou, China, brought by the British to work in tin mines. They settled in a village in Mantin, known as Kampung Attap because of its roofing. 

Today the same village is known as Kampung Hakka. They have a temple, the Tokong Tian Gong and a school, SJK Chi Chi Mantin, both clocking up a hundred years of history.

Today these same people are humiliated as squatters, illegals and chased away. The developer Mega 9 only stepped into this history in 2005 and is now dismissing them as squatters.

Gov't sold land without consultation
 
Historically, squatters were equated to criminals by former Lord President of the Federal Court Raja Tun Azlan Shah; defined as people who had illegally built houses on government land.

In the case of Kampung Hakka, these villagers had been given TOL (Temporary Occupation Licence) by the Seremban land office since the 1960s. 

They also have been paying quit rent to the local municipal council till  now. Looking at all this, there is no way that they can be called squatters or illegal.

But sadly, going by experience, we have one big problem in this country. It is how our Judiciary and legal system define those with and those without rights. 

It is narrowly defined that those who hold the land title are the legitimate owners. In the case of Kampung Hakka, sometime in 1987, the villagers heard that their land was being taken away for a development project. 

The government then sold the land to a private developer and it became clear in 2005, when the local government decided that Mega 9, a private company, will be given the Kampung Hakka land for to a mixed development project comprising 374 houses including 116 low cost houses and shop lots.

Therefore Mega 9, which arrived at the land overnight is crowned king while the people who initially built the village and the settlement are condemned as squatters and illegals.

This is the sad reality where the might is decided by money and corruption while justice is buried under a piece of paper called geran tanah.

On 26 August 2013, the villagers lost their case in the Seremban High Court. The decision was made in chambers while the villagers waited in open court. 

The court only saw who had the land title and on that basis it was decided that the villagers must give vacant possession to Mega 9. 

The developer took an Order 89 application and was successful. This is unbelievable. 

Issue of rights, not trespassing

Under normal circumstances, the court should reject that application and order a full trial since Order 89 is a summary proceeding normally carried out for clearcut trespassing issues.

This particular case warranted a trial as the village could boast of a long history of existence, not a simple one of trespassing or non-payment of a rent.

The High Court’s interpretation of the issue: this is an issue of equitable rights, this is an issue of rights to shelter and this is an issue of rights to livelihood as enshrined in the Federal Constitution Article 5. 

But the court seems to have chosen just to focus on who possessed the land title and delivered the villagers the death sentence. 

Their counsel applied for a stay of execution and obtained a court date to hear it on 17 October 2013. 

However on 25 September, the developer served eviction notices on the houses, giving them seven days to vacate the land. 

But in less than five days, they came with the full might of the police force together with , TNB officials and court bailiffs to evict the people.

Why the hurry, when there is a court date pending on the 17th? Why the hurry when there is an appeal? Why couldn’t the bailiff just wait for another 30 minutes to allow the villagers’ lawyers to be present when their lawyer, a state assemblyperson was in the Dewan Negeri and had said that he will be present by 11.30am?

Demolition bulldozed, literally

Despite all that, the bailiff citing orders from higher authorities carried on with the eviction. The police used excessive force to arrest, injure and humiliate those protecting the houses. 13 people were arrested and 3 houses were demolished. 

The demolition machine engine only came to a halt when the villagers lawyers finally came 15 minutes later. 

Later an interim stay was granted till the 17th. October, 2013. I greeted this news with huge applause togetherwith the others detained along me at the Mantin police lock-up. At least the entire village was not in ruins.

As we celebrate the World Habitat Day, I hope the state government will come to its senses. It is the role of the state to ensure its people are given adequate housing.

In this case, in the first place how could the state government approve a development plan without first resolving the issues faced by the Kampong Hakka villagers.

Isn’t this policy called profit before people? Why can’t the state resolve the housing issues or better still, why not make this a heritage settlement? 

It seems that the state authorities have been paid off handsomely by the developer. This is the only logical explanation I can come to and many people feel likewise.

As the remaining villagers ponder their future, I repeat the question to them. Do you want to surrender or fight on? They said that they have no choice but to fight on. More villagers have now come on board  after the rude awakening of September 30.

As for us in the PSM, this is a class war between the rich powerful and the poor. The policemen while recording my statement after the arrest asked if I lived in Kampong Hakka or if I have relatives there. 

For him, it is a joke that among 13 people arrested, there were 6 Malaysian Indians caught protecting Chinese villagers. 

I told him that I have been arrested before for supporting the plight of Palestinians, so what is the big deal in supporting affected people in Mantin, Negeri Sembilan? He felt embarrassed and soon started to speak our language- the language of the poor.

While there are still people who keep arguing on technical matters such as, whether the villagers are right to defend their homes, why they didn’t take the compensation and so on, but the bigger issue remains that a 100-year old village and its inhabitants are being forcefully evicted because some big company has made a move and some big people have taken a cut. 

The rest of us have a choice where we want to stand in this dispute.

For those who want to support, the kampong Hakka struggle, please contact Ghandi at 016 686 2080.  

---

S ARUTCHELVAN is an activist and PSM secretary general.