Ruling on sale of NCR land among Dayaks in need of review, says Masing

KUCHING: The ruling on Iban land owner Bisi Jinggot by the Federal Court is based on an outdated perception of the Dayak demographics.

Land Development Minister Tan Sri Dr James Masing said the ruling needed to be updated and reviewed because the Dayaks were no longer confined to areas of their births.

“Many Dayaks are working and residing all over the state. This ruling limits them to acquire Native Customary Rights (NCR) land in areas of their current residence or employment,” he told The Star yesterday.

The minister was commenting on the case which began early last year where Bisi, from Julau, had alleged that he entered into eight sale and purchase agreements with a number of Ibans to purchase several lots of land totalling 37.24 at Sungai Agas in Matang, and paid them the purchase monies. He claimed that the vendors had prior to 1958, created NCR over the land.

The respondents named in the suit were the superintendent of Land and Surveys Kuching, the state government, Scouts Commissioner for Sarawak and Lembaga Kebaji-kan Darul Falah which is now the registered owner of part of the land.

The land in dispute was used as the site for scouts jamborees, and for the filming of the Hollywood movie Farewell to the King.

The Federal Court ruled that since Bisi’s acquisition of the land was neither in accordance with native (Iban) customs nor in a manner provided in the Land Code the transaction was unlawful.

“Simply said, according to the ruling, if you belong to Kuching native community then you still can buy land in Kuching.

“But if you still have connection to the Baleh community, for example, then you cannot buy land in Kuching,” said Masing.

He said the freedom for the Dayaks to make better living should not be restricted by outdated laws.

He, however, agreed with the laws that restricted non-Dayaks to purchase NCR land to prevent sale for quick cash, which could later render the Dayaks landless.