Terengganu rep sues to stop Umno from owning Malay reserve land

A Terengganu state assemblyperson has filed a petition in court to challenge amendments to state laws which have enabled Terengganu Umno to take over ownership of Malay reserve land in the state.

Bandar state assemblyperson Azan Ismail told Malaysiakini that he decided to file the petition due to the lack of "logical explanation" from the Terengganu state government in relation to amendments made to Section 9 of the state's Malay Reserve Land Enactment in May 2015.

"So we don't have a choice. Since I was the only assemblyperson who objected to the amendments, I think it's my duty to file the petition," said the PKR assemblyperson who filed the petition at the High Court in Kuala Terengganu on April 23.

Azan explained that he was filing the petition in hope that the court would reverse the decision made by the Terengganu state assembly.

Citing both the Terengganu and Federal Constitution as well as input from legal practitioners, Azan said a two-thirds majority was needed to amend laws involving land matters.

PAS did not object

However, Azan claimed only half of the state assembly had voted in support of the amendments.

"Out of 32 assemblypersons, only 17 voted to approve the amendments, while 14 abstained and one opposed."

Asked why he did not file the petition sooner, Azan said he had thought that the government would reconsider the matter and claimed that he did not receive the final print of the enactment.

"I only discovered that the amendments were approved a year later," he added.

On why he did not persuade PAS assemblypersons to join the cause, Azan believes that they may not understand the repercussions of the matter.

"I can also conclude that none of the 14 PAS assemblypersons in Terengganu have a legal background. Most of them are teachers," he said.

Citing the state assembly's practice of assemblypersons raising their hand to give approval or disapproval on a certain subject, Azan said he was the only one to raise his hand in objection when voting to approve the amendments.

Dangerous precedent

Meanwhile, Azan expressed concern that the amendments would set a precedent in other states allowing Malay reserve land ownership to be transferred to political parties.

"It is of paramount importance to stop this precedent. Only Terengganu has made this move in putting Umno as an organisation to be in the Malay Reserve Land Enactment."

Terengganu Menteri Besar Ahmad Razif Abdul Rahman had defended the amendments as necessary to protect Umno's interests.

"We want to protect land owned by Umno so it remains under the Malays because Umno members are Malays," Razif was quoted as saying in the Hansard during the state assembly sitting on May 14, 2015.

Besides Terengganu Umno, the amendments also enabled the ownership of Malay reserve land to be transferred to PR1MA, the government agency tasked with providing affordable urban homes to Malaysians in the middle-income segment.- Mkini