THE state government will not amend the Land Code to recognise “pemakai menoa” and “pulau galau” as native customary rights (NCR) land.
Chief Minister Tan Sri Adenan Satem said the state’s land administration system was based on the principle that NCR land is “temuda”, or land which had been cleared, occupied and cultivated by native persons.
He said the allegation that the courts recognised “pemakai menoa” and “pulau galau” had led Baru Bian (PKR-Ba’Kelalan) to introduce motions to amend the definition of NCR land to include “pemakai menoa” and “pulau galau”.
“This means the courts’ decisions at High Court and even Court of Appeal levels are inconsistent with the laws previously passed by this House and which remain in force, otherwise there is no need to amend the Land Code.
“The constitutional principle of separation of powers must be maintained. The legislature makes laws and may empower the executive to make subsidiary legislations.
“The courts’ constitutional duty is to interpret, apply and enforce the legislations, both principal and subsidiary. Courts cannot legislate,” he said in his winding-up speech yesterday.
Adenan also said the Bisi Jinggot case was the only one of seven NCR land cases at Federal Court level related to “pemakai menoa” and “pulau galau”.
In the case, the Federal Court decided that an Iban must have felled virgin forests, cultivated and occupied the land continuously in order to create NCR according to Iban custom.
“The decision put to rest what is NCR land, although some quarters still do not accept the finality of this decision,” he said, adding that the Federal Court had not decided that “pemakai menoa” and “pulau galau” are NCR land.
Meanwhile, Baru told reporters that he would seek a meeting with the Chief Minister to explain his view on NCR land, including Federal Court decisions on “pemakai menoa” and “pulau galau”.
He said the Madeli Salleh case at the Federal Court affirmed the Nor Nyawai case that “pemakai menoa” and “pulau galau” are NCR land.
“If my view is wrong, we could not have won 10 cases at the Court of Appeal and 10 cases at the High Court. Beyond that, the case of the Kedayan and Jati Miriek that we won recently in Miri confirmed the equivalent to ‘pemakai menoa’, that’s the thing we are trying to emphasise,” he added.