KUCHING, Aug 28: Parti Pesaka Bumiputera Bersatu (PBB) points out that Bakelalan Assemblyman Baru Bian could have objected to his land being surveyed under Section 6 but the latter did not, resulting in subsequent successful survey of the land under Section 18.
“That initial survey under Section 6, could not have been done, if Baru and his family or community had objected to it. He never objected to it. Therefore, Baru had by his conduct and silence acquiesced or submitted to the Section 6 process that eventually led to a smooth and successful survey under Section 18.
“I therefore humbly urge all fair-minded fellow citizens not to be swayed by his rhetorical stunts and his lures for ‘his wild goose chase’ on the subject.
“This fact proves right in the face of Baru that a perimeter survey under Section 6 is just a ‘transit’ or ‘precursor’ to Section 18, and helped to expedite issuance of titles for individual claimants such as Baru Bian and his family members,” said PBB information chief Datuk Idris Buang.
He believed that Baru should acknowledge the fact that the latter’s land had been surveyed under Section 6, which is an evidence of the State government’s sincerity in giving Native Customary Rights (NCR) land ownership to the natives.
The fact according to Idris, is also a “checkmate” on Baru’s rhetorical stunts on the subject.
Idris who is also Muara Tuang assemblyman held that Baru has not been fair to the people of Sarawak on the issue of the need to have perimeter survey done under Section 6 of the Sarawak Land Code (SLC) first before Section 18.
“As a lawyer, Baru, I believe, is fully aware of the objective and purpose of Section 6 and 6A of the SLC as amended. It has been explained, in plain and simple language by the Deputy Chief Minister (Datuk Amar ) Douglas Uggah (Embas) when presenting the relevant Amendment Bill. Follow-up explanations by relevant government agencies and many other quarters also were widely made in very clear term, to all and sundry in their respective languages.
“However, Baru chose to play politics than giving a true picture of the law for reasons which is beyond our comprehension but only known to himself,” said Idris.
Why is a perimeter survey under Section 6 very important and necessary?
A perimeter survey under Section 6 involves demarcating a boundary of a large area called a “territorial domain” (TD) consisting of many plots of various sizes that is being claimed by members of a particular community, kampung or longhouse. It does not involve the sub-survey of the individual plots within that TD.
“The rational of the perimeter survey on the TD is for the government to assist that particular community to have their TD or communal area identified, demarcated and distinguished from other territorial claims by other communities kampungs or longhouses, which, practically do overlap.
“Cross claims, disputes and disagreements have caused a lot of confusions and problems not only between conflicting communities, villages or longhouses but to the Land and Survey Department, the police and other relevant agencies.
“Once done, Section 6A titled to that particular TD would safeguard all the community members who have their plots within it,” said Idris, adding that it would give a sense of comfort for that particular kampung or longhouse that their TD is recognised and identified by law in perpetuity.
Next , this community would among themselves sort out boundaries of their individual plots and assist the Land and Survey Department by giving full details of their individual claims, sizes and other details so that it would be easier for the the said agency to embark upon doing surveys for individual plots under section 18.
“This mode or step (surveying under Section 6) has helped the Land and Survey Department and other agencies to complete their work faster and smoother,” said Idris.
He said to survey NCR land straightaway under Section 18 would cause plenty of delays as proven in practice due to inter or cross -community disputes and disagreements over boundaries of TDs.
“I came to understand that from 1990 to 2010 there were only 200, 000 plus acres of NCR land that were managed to be surveyed through direct Section 18 process. Compare this to a huge total area of more than 1,800,000 acres of Section 18 surveys done after Section 6 process was introduced.
“This proves that Section 6 process is very necessary and important for the rakyat and the government to save cost and funds, time and efforts, which otherwise would go to waste if the process was costly and protracted delays, as explained earlier.”
“Unfortunately, Baru has been adamant and obstinate in maintaining his stance by giving a seemingly very ‘raw and uneducated’ argument, which is unbecoming of a lawyer. He has too much political flavour to curry his so-called fallacy. The fact remains that he has misled a lot of people.”
Idris said due to the huge sum of funds involved, the government has to strategically plan its budget for this purpose to eventually cover all NCR lands in Sarawak.
Uggah had on Wednesday unveiled the fact that Baru and his family had benefited from Section 6 and Section 18, where the latter’ land was surveyed and individual titles duly given.
In response to Uggah, Baru who has been advocating perimeter survey to be carried out directly under Section 18, and getting rid of the step under Section 6, came out with a statement, stressing that he did not apply for his and his family land to be surveyed under Section 6 and it is his rights to his NCR land. — DayakDaily
