Orang asli community uses provision in CPC to fight for native customary land

Colourful character: Siti

GUA MUSANG: The orang asli community have made an unprecedented move to invoke Section 99(1) of the Criminal Procedure Code to stake claim on their native customary land in Pos Simpor here

Activist lawyer Siti Kassim (pic) believes it is the first time the orang asli have used that section of the law to verify the rightful occupant of land under dispute, as the magistrate's court was satisfied that the dispute could potentially lead to breach of peace.

"A logging company had in the past used that section of the law against the orang asli, but the court had then ruled in favour of orang asli.

"As far as we know, this the first time the orang asli are using this particular section of the law to fight for their right to native customary land," she said.

She said this in response to a preliminary order issued by the Gua Musang magistrate's court on Tuesday (Sept 4), calling on the Kelantan Government, State Forestry Department director Datuk Zahari Ibrahim, State Land and Mines director Datuk Zamri Ismail, Syarikat KPG Maju Enterprise Sdn Bhd, and M7 Plantation Sdn Bhd to provide written explanation stating their respective claims during an inquiry fixed on Sept 23.

Judge Mohd Rosly Mohamed Nawi issued the order after he was satisfied the dispute could lead to a potential breach of peace.

Lawyer Saha Deva of Saha and Associates and Siti Kassim represented plaintiff Mustafa Along.

Mustafa, who is also the Jaringan Kampung Orang Asli Kelantan (Jaringan) president, is seeking justice for orang asli following the state authorities' move to dismantle their blockades set up to protect their native customary land from massive deforestation activities.

The magistrate's court had ordered an inquiry, calling on the affected parties to provide written explanation staking their respective claims.

Siti said the law was created during the British era to resolve land issues.

"It provides an avenue for original occupants of the land to fight for their right even if they do not hold title deeds.

"The British enacted the law to prevent breach of peace," said Siti.

By taking action based on a controversial memorandum submitted by ten village chiefs whom the orang asli claim had no jurisdiction over the current areas of dispute, the PAS government had shown their oppressive nature, said Siti.

She questioned who drafted the memorandum that appeared to cater against the interest of orang asli.

The memorandum submitted on Aug 16 called on the Kelantan Government to demolish the blockades.

"As far as I know, the 10 village chiefs are not educated. So who drafted the controversial memorandum?" she asked.

Jaringan Kampung Orang Asli Kelantan president Mustafa Along said they could only watch helplessly when the authorities started dismantling the blockades in favour of destroyers of the environment at about 10 am on Aug 27.

"The incident today marred the spirit of Merdeka because the rights and freedom of marginalised community like us are being blatantly disregarded," he said.

The orang asli sang NegaraKu as the enforcement officers dismantled their blockades.