|
|
|
Kepada: Ketua Polis Bandaraya Kota Kinabalu, Pejabat Polis Karamunsing, Kota Kinabalu. 14hb Februari, 2007 POLICE REPORT LAPORAN POLIS Land Issues in Sabah -TRILLION RINGGIT- KOTA KINABALU BY Consumers' Association of Sabah & Labuan FT CASH CARES, CASH ACTS. ANG POW FOR THE LANDLESS QUOTE No one cares and no one does anything. And then, as poet Chinua Achebe puts it what will happen is "Things fall apart"
|
|
|
|
|
|
|
|
|
|
|
|
ACA and Police report lodged today
Police Report on Land Issues in Sabah 14 February 2007
There are a whole range of massive abuses and shortcomings in the management of our land and its resources by the Government and its main agency the Land and Survey Department as follows:-
1) Premium and annual rent charged are of various levels of rates ranging from a minimum of RM1 irrespective of areas as stipulated in the land titles. A brief analysis in appendix A forms the basis of such phenomenon and disparities, discrepancies and likely abuses. The State depends on such land revenue. There are over 300,000 land titles issued in Sabah. Without the likely options to amend or restructure the stipulated revenue terms UPWARD in those titles as issued, it is likely to be a shortfalls of revenues in premiums and annual rent to the tune of RM1 trillion for land tenures ranging from 99 to 999 years. Would such phenomenon be due to abuses, misapplied Land Laws and appropriate corrective actions long overdue as even the Federal Audit Department has likely failed to detect such abuses, discrepancies and disparities as illustrated in Appendix A (pages 5-7)? Such titles as reference only are attached in Section 3 (pages 21-37).
2) There are allegations that land titles have been issued to dubious people (project IC holders) unqualified to be entitled to such land offers of alienated land on applications when land are largely meant for the local and registered local companies so that the local people would not be landless. There are allegations of cases of non Sabahans equipped with dubious Anak Negeri Certificates who have acquired native titles only to be converted to Country leases for quick gains. Should the Land and Survey Department register such transfers? These allegations should be investigated accordingly. Such land deals and questionable land offers -null and void- should be returned to a trust fund to be managed properly for the poor and landless genuine citizens of Sabah.
3) There are also many other major allegations of land abuses as reported and unreported in the press. A list of that (not complete) in Appendix B (page 8) and some newspaper cuttings are attached here in section 2 (pages 11-20).
4) Purpose of alienated land and idle lands are areas of concern. State lands as alienated are for purposes of development and productive usage with specific conditions but in many cases such lands are either sold off for quick gains or have remained idle lands.
5) The root causes of such widespread abuses, weaknesses, shortcomings can be due to the neglect of the State Government in charge of the land matters where politicians have played questionable bias and entangled roles since 1963. The key personnel of the Land and Survey Department especially the Directors have largely contributed to the malaise. It is essential that the present and future Directors should be local and QUALIFIED enough to handle such responsible State position to restore public confidence.
It is very important that the proper Government and the Land and Survey Department as revamped and its related agencies address these issues now. It would appear that the present State and Federal Governments (legal or illegal) for past electoral mismanagement and obsessed with 'favouring' illegal people under Project IC, cannot absolve themselves from this land woes hence they would be unable to deal with this massive land malaise to redeem/avert the further grievous detriment of the State and the local people for decades. Meanwhile, it is for the Police to take whatever appropriate action but an independent public investigation with proper qualified appointees and capability is appropriate.
Kong Yun Chee @Joshua, NRIC 480823125003 jkong823@tm.net.my and justknock7@pd.jaring.my
Chartered Accountant and Deputy President of Consumers' Association of Sabah & Labuan FT.
Akauntan Bertauliah dan Timbalan President- Persatuan Pengguna Sabah dan WP Labuan
14th February 2007 Kota Kinabalu. (NB: This English Version is the basis of this report) |
|
|
|
|
|
|
|
|
|
|
|
appendix B
Police Report on Land Issues in Sabah
Major allegations of land Issues Appendix B
1. Forest Reserved lands including Public parks and water catchment areas are occupied. We have seen different treatments where some such houses were burnt by the authorities concerned.
2. Green zones or Open spaces within the urban areas are developed into commercial projects.
3. Native Customary Land have been alleged to be alienated to outsiders.
4. Different treatments in the process of land applications namely:-
1) Queues jumping in land applications were observed and reported.
2) The procedure of sharing a common piece of unalienated land without title by more than one applicants have not been applied fairly.
3) There was a 'fight' over the piece of unalienated land but occupied by squatters in Kolombong, Kota Kinabalu where a school was supposed to be sited.
4) There have been cases of application for unalienated land being ignored and given to others.
Generally, there is a lack of transparency.
5. Duplicated titles had been reported in the press.
6. Delay of strata titles (a range of unresolved issues) have given rise to many land related properties development and ownership.
7. Many usage of alienated land has violated the stipulated purposes.
8. The questions of adequate compensation and the real purposes for land acquired by the Government.
9. Land without registered titles (owners not confirmed) have been allowed to be developed for the private projects. This is deemed to be illegal 'squatting'.
10. State land designated to the Government agencies had sort of been disposed off in haphazard manners resulting in corruption, abuses, and possible criminal breach of trust and the State likely sustained great losses financially.
11. How efficient is the Land and Survey Department?
NB: The above list is not exhaustive |
|
|
|
|
|
|
|
|
|
|
|
appendix A
Police Report on Land Issues in Sabah February 2007
Commentaries on Appendix A Appendix A1
1. Introduction
Going through some of the available titles, the rates for the premiums and rent charges vary tremendously for various areas in Sabah. That may have some basis, but in all professions standards are set to guide the practitioners to be objective for the common good of all.
So I have zoomed into a very small area in the vicinity of Karamunsing Kota Kinabalu of 7 pieces of titles including one offer and of less 11 acres.
Apart from the rates of levy for the land revenue, there appear to be discrepancies in the way land matters are handled by the Land and Survey Department.
2. Discrepancy and disparity
Areas of discrepancies and disparity include the following:-
1. The range of the premiums is very wide.
2. The system of annual rent charges are varied.
3. The issue of final titles have inconsistent periods.
4. Amendment on titles have been observed even after a long process prior to final title.
3. Detailed Observations
3.1 Case I is a piece of land with a long history dating back to the early 1980s. The major State Agency was supposed to have it developed into a twin tower office and commercial block with the turnkey contract awarded to a company which later was wound up for insolvency. So how did this piece of prime land costing the state dearly get into the hand of some private company in early 1990s? Then in 2003, the proposed project now almost completed was launched by the then Prime Minister. The whole deal can be lopsided in several aspects and in the absence of transparency and public accountability, it is the State and the general public to suffer substantial losses apart from likely criminal breach of trust as committed. On 16th January, 2007 a search at the land office indicated that a title has yet to be issued (page 9). So who actually own this piece of land once State land and how much is due to the State?
3.2 Case 5 is a piece of land with very low premium comparatively with the other Titles in the area and waived of almost all annual rent. Although it may be for a foreign Government, it is still questionable for such special privilege rendered. As far as land is concerned, it has set a bad precedent of 'favouristism'. There is a restrictive disposal clause added on later in the Title deed. Why was this restrictive clause not applied earlier when the low premium was made? As it would appear that the offer and its terms were likely made at the beginning, why was the waiver of annual rent only made subsequently by amendment? Is our land policies so flexible? Would such privilege be offered to other foreign countries? Is such privilege reciprocated to Malaysia? It may give a strange message of such treatment to foreigners when the local companies including State agencies pay much more. Who have ordered such special treatment as signified by the amendment on the Title deed?
3.3 Case 6 is a small piece of land in the same area as left as idle without a registered title although it has been allocated a title number. What are particulars of this piece of land?
3.4 Cases 2, 3, 4 and 7 in the same zone provide a basis of comparison as to how land revenue had been levied from prime and scarce land in Kota Kinabalu.
3.5 Case 4 with premium of RM653,000 and in the same area as in Case 5 with RM200,000 (opposite each other) around the same time. Case 4 also has to pay a single stage of annual rent of RM19,600 for 99 years when it is RM100 for case 5 as reduced from 2 stages of annual rents of more than RM20,000. Case 5 maybe a special case but can be abused.
3.6 Case 3's premium works out to be RM1.3m for each acre when the stipulated total premium is RM2,350,000. This is by the major road.
3.7 Case 2's premium is about RM650,000 per acre with a single stage in annual rent for 99 years.
- 6 -
Police Report on Land Issues in Sabah February 2007
Commentaries on Appendix A Appendix A2
3.8 Case 5 has two stages of annual rent while Case 7 (at the offer stage) has a premium of RM3 million for 2 acres with three stages of annual rent as stipulated. In Case 7, the premium works out at RM1.5 million per acre when the access road to the land is non existent.
3.9 Case 8 (at the offer stage) is a piece of land less than a mile from Karamunsing and the premium works out at about RM560,000 per acre but with three stages of annual rent. Case 8 is referred to the 'UMNO' land (see pages 17-19).
3.10 Cases 2 and 3 by the major road side are charged at RM650,000 and RM1,260,000 for the premium per acre respectively, then there would appear to be short charged when Case 7 without access road hence costly development, is levied a premium of RM1.5 million each acre. All these rates appear at about the same time.
3.11 Cases 9 and 10 are for other areas in Sabah, but the systems applied appear to have been different.
4. Conclusion
We need explanation for such phenomenon. How much are such observations as 'tip of the iceberg' be repeated all over Sabah? Land as an essential item for the well being of the people of Sabah and proper development of the scarce land needs to be reviewed only after a proper investigation to determine the level of losses and opportunities lost due to such lopsided management. Can it be a Trillion Ringgit question when losses as accrued and carried forward in this century and beyond be accounted for?
Sabah has gone through many unfortunate adverse developments for various known factors since 1963. What is left - the last frontier- LAND - as God's gift, can hardly be mismanaged any further over such precious endowment.
Whether the management be done by the Federal and State bodies, we have also seen similar malaise in Sabah.
What is important now is that we address this malaise with the appropriate response and corrective measures immediately. |
|
|
|
|
|
|
|
|
|
|
|
Press release
Press Release of CASH in conjunction with the lodgement of
Police Report on Land Issues in Sabah 14th February 2007
Love Sabah as a response
It is timely for greater exposure that we address the major issues and
challenges on land matters in the context of consumerism.
After losing our landed treasure in the depleted rainforests within three decades since 1963 and the fossil item -also on the way out- below the land or off shore, we must not lose this gift from God in Sabah - the precious land with its useful and sustainable soil we live on.
Many amongst us can be landless but not necessary homeless but many are in squatters in Sabah. Although the bulk of these squatters areas are occupied by dubious citizens or EPIC and Project IC, it is possible with the way our land matters had been managed, we are faced with tough and irreversible consequences as Sarawak faced recently.
As land owners or lessees of land or landless people in Sabah, we cannot ignore all those signs of further abuses, aggravation or deprivation in Sabah costing us - this and future generations - of anything up to a Trillion Ringgit which has a tremendous impact on our livelihood in Sabah for an increasing explosive population.
Whether we like it or not, why should Sabah people have to go through this land malaise and possible lose control of our well beings in Sabah with many other crises of similar dimensions.
Some of us may think that the Federal Government would take this opportunity to 'federalise' the State rights in land matters now that we highlight this issue although many land issues prevail for decades.
Without prejudice, apart from the terms of the Malaysia Agreement already breached in most items, Sabah has already 'lost' most of its affairs to the Federal Government with or without our consent. Has the Federal Government and its agencies done any better in Sabah? What is the total number of Federal Departments and its agencies work force in Sabah since 1963? How many civil servants were in Sabah in the early years of Independence? If we care to go through all Federal Departments and the related agencies, we can then gauge their questionable performance.
As an NGO, we wish we could contribute whatever and even more for the common good of the State so that the legitimate Government and its agencies can perform well for the welfare of the local genuine people of Sabah. Unfortunately, we have questioned signals over the performance of the present Governments over a wide range of issues, responsibilities and activities.
CASH cares for all consumers where land matters are concerned. We hope that immediate actions are initiated without any ado over whatever like 'politics or politicking' or even personal agenda as our divine sovereign rights over land matter are not to be abused any further.
Would a Land Commission together with a Land Tribunal be considered necessary in this massive malaise arising from an abused power and/or neglect deliberate or otherwise to do justice for Sabah by Sabahans? Meanwhile, we hope the Police, the ACA and other related Agencies take appropriate actions to deal with the land matters.
In conjunction with Valentine's Day, we need to celebrate our love for Sabah with the lodgement of Police Report for our beloved homeland and our beloved people.
President (Datuk Patrick Sindu)
Deputy President(Joshua Y.C. Kong) |
|
|
|
|
|
|
|
|
|
|
|
whither for the power as this
An introduction ......of an episode of power....
If you want to know about the piece of land with the proposed UMNO Headquarters, the stories - land, funding, and ownership- are abundant in the Internet and coffeeshops.
In the absence of transparency and accountability, just like the unregistered land title, how would we give any view right now?
Although it is only less than 4 acres worth more at least RM40m for prime site, it is nevertheless very significant in this Police Report on Land Issues as far as consumerism is concerned.
While you may call this political connotation, nevertheless the impact on the consumers is tremendous. It is apparent that the political hegemony - implied or otherwise - that has kept this project going. Is it any good for the ruling Government based on consensus of the BN when non of the component parties has voiced anything? The mood of precedence is known.
It is late and needless for CASH to remind the people involved of the timely article by Patel titled " Whither SEDCO ..." Daily Express 11th February 2007 to coincide with this Police Report. The purpose of the State land designated (not alienated) to SEDCO or Milik Perkasa or SUDC now for the NEP has sort of being defeated. What was Patel trying to convey with the apt title of that article needlessly reminding us of May 13's incident which was not in Sabah?
Like none of the political parties own any custom built headquarters in Sabah, why should UMNO be given the privilege when all political parties come and go and so who actually own such assets?
Now back to the Trillion Ringgit question ......on Valentine's Day.
Thank you,
Joshua Kong |
|
|
|
|
|
|
|
|
|
|
|
the fine piece
http://www.dailyexpress.com.my/news.cfm?NewsID=47540
DAILY EXPRESS NEWS 15/1/2007
--------------------------------------------------------------------------------
Report is lodged over land abuse
Kota Kinabalu: The Consumer Association of Sabah and Labuan (Cash) lodged a report Wednesday alleging massive abuses and shortcomings in the management of land matters by the Government and its main agency, the Lands and Surveys Department.
Its Deputy President Joshua Kong Yun Chee, said in a statement that the report is related to public claims that "dubious" citizens (Project IC holders) have been issued land titles to land meant for landless locals. He also referred to public claims that non-Sabahans equipped with dubious Anak Negeri certificates, have acquired native titles after which they convert them to country leases for quick gains.
"Should the Lands and Surveys Department register such transfers? These allegations should be investigated accordingly. Such land deals and questionable land offers are null and void."
Kong alleged that the root cause is "the neglect of the State Government in charge of land matters where politicians have played questionable, biased and entangled roles since 1963.
"The key personnel of the Land and Survey Department especially the Directors have largely contributed to the malaise. It is essential that the present and future directors should be local and qualified enough to handle such responsible State position to restore public confidence."
In a press release, he said it was very important that the State and Federal Government addresse the issue now, as they cannot absolve themselves from past electoral mismanagement.
"We cannot ignore all those signs of further abuses, aggravation or deprivation in Sabah costing us, this generation and the future, of anything up to a trillion Ringgit which has a tremendous impact on our livelihood.
"Why should Sabah people go through this land malaise and possibly lose control of our well being with many other crises of similar dimensions. "Some of us may think that the Federal Government would take this opportunity to 'federalise' the State's rights in land matters now that we highlighted this issue although many land issues prevail for decades.
"We hope that immediate action is initiated without any ado. Would a Land Commission together with a Land Tribunal be considered necessary in this massive malaise?" |
|
|
|
|
|
|
|
|
|
|
|
what claim?
JK's Digest No. 6 of February 2007 (23 of 2007) Continued dubious Claim
The dubious claim is dead and that is the Philippines Claim on Sabah.
After lodging the Police and ACA report on land issue in Sabah worth Trillion Ringgit (Ang Pow for the landless), this is another Ang Pow for Sabahans.
The illegal Governments since 1963 has never done their duty to resolve this "unfounded" scourge instead the late Tun Mustapha did a bad deal. (see below).
If you go over to the Philippines side, you see how they perpetuated the falsehood.
Why should Sabahans live under this scourge for 44 years and unlikely to be resolved unless we do something to counteract their devious propanganda. Fools can only fool those fools with hidden agenda.
There had been many heartaches and terrible incidents including loss of power and loss of souls of leaders concerned too many to mention except the self inflicted "Jabida Massacre" in 1968 (see below).
So I had lodged a complaint to the International Criminal Court against Philippines and Indonesia plus Malaysia over the same issue to resolve it once and for all.
http://mega-icc-group-sabah-migs.blogspot.com/
As a start not only gossip in fear, I intend to compile a book of a thousand pages and more over the false claim to put it to rest forever for the common good of all in the region. Who want to join me here?
Joshua Kong (proponent of MIGS and WON)
http://mega-icc-group-sabah-migs.blogspot.com/ http://won-borneo.blogspot.com/
Latest Book: Biodiversity Challenge-Haze Health Hell ISBN983-2653-24-X
Author of New Wealth Order, EPIC of Sabah, FIRE, Sabah Wealth - image of woods power,
EPIC of Sabah - 2nd Edition, Paper to Parliamentary Select Committee on Unity and National Service.
EPIC of Sabah - 3rd Ed., WATER, A tussle in biodiversity of two liquids - palm oil and water,
Sabah and Sarawak in Malaysia in 1963, A Paper to Parliamentary Select Committee on Integrity (2006).
http://www.e-borneo.com/col/jkong/
Tensions flared again in the early 1970s when the largest Muslim separatist group in the Philippines, the Moro National Liberation Front, began to receive material support from the Sabah chief minister, Tun Mustapha. Only after his electoral defeat in 1976 did Malaysian aid to the Philippine rebels cease and bilateral relations begin to improve. ( Sabah dispute - http://www.bookrags.com/Sabah_dispute)
http://www.jpenrile.com/advocaci ... ech&article=007
The Jabida Massacre in 1968. |
|
|
|
|
|
|
|
|
|
| |
Category: Belia & Informasi
|
Post time 9-2-2007 10:06 PM
变色卡
Author
![[tvN/Netflix 2024] QUEEN OF TEARS - Kim Soo Hyun, Kim Ji Won, Park Sung Hoon](https://uf.cari.com.my/forumx/mforum/block/f6/f613b76788751ed27a22bff90355c844.jpg)