Baru: Call to amend land code redundant

KUCHING: An assemblyman has said the call to amend the Sarawak Land Code to be consistent with the adat or custom of the natives is redundant.

Baru Bian said the state government had already made an amendment to the law many years ago by the way of the Land Code (Amendment) Ordinance 2000.

The Ba’Kelalan assemblyman said by virtue of section 6 of the ordinance, the new Section 7B (1) and (2) provided that:

·Any rights described in Section 7A (1) which have been registered in the Registrar of Native Rights may be transferred or transmitted to, or inherited or acquired by, any native.

·The transfer, transmission, inheritance or acquisition of native rights over land under subsection (1) shall be in accordance with the system of personal law applicable to the community to which the native belongs and shall be regulated by rules made under Section 213.

Baru said the amendment was referred to in the Bisi Jinggot case at the High Court recently but was not accepted, as the court was informed then that such amendments were yet to be gazetted into law.

“I would suggest to those who call for the amendment, especially those in the state Cabinet, to pursue the matter with the state Attorney General and the state government to find out why this amendment was never gazetted into law when the state legislative assembly had duly passed it years ago.”

Baru, who is a native customary land lawyer, also suggested that the definition of “NCL” under Section 2 of the Sarawak Land Code be amended to include pemakai menoa and pulau galau as such land had since been affirmed by the court as land created in accordance with the adat or custom of the natives of Sarawak. He said he planned to submit a motion for such amendment at the next state legislative assembly sitting.

“I look forward to the support of the Dayak YBs from Barisan Nasional for the motion, consistent with their present calls to amend the Land Code to be in line with the custom of the natives of Sarawak.

”If the Dayak YBs in Barisan are sincere with their call to amend the law, then they should support my motion,” he said.