PENAMPANG. The Native Court here allowed a man from Kg.
Nosoob Baru enough time to decide whether to sign, or not, the “Aku Janji” form which is
signed by all other native residence of this Native Village Reserve. The man
who is claiming his rights to build a two storey house on the plot that was
once reserved for his late mother has started concreting works on the site
using the service of a building contractor. He claimed he refused to sign the
form because the Village Chief and the village security and development committee
or JKKK has allocated him only 60 ft by 60 ft as per the village guideline
which he deemed as unfair while claiming there are others who have occupied
lots that are larger than this guideline.
He also claimed to have stayed in the village for 37 years
which is refuted by the JKKK as his mother has stayed there and that he was
rarely seen in the village before. He also claimed to have met the District
Officer twice to discuss the matter but no conclusion was reached because the
village head was not present during the meetings.
Earlier, the Chairman of the JKKK informed the court that on
26th January 2014 he was informed that concreting works was being
carried out on plot in the village without the approval of both JKKK and the
village head. At the site he saw the contractor doing the concreting works and
when the owner arrived, he informed that the area is a car-park for the whole
kampung and for him to conduct some business, the nature of which was not
stated. The JKKK chairman then ordered the work stopped until formal approval
is obtained and the Aku Janji form signed.
However both the owner and contractor refused the orders. The village
head was then informed and on his arrival he too ordered the works to be
stopped. The contractor complied on this day however on the following day the
works were resumed. Again the JKKK committee members and the village head
arrived on site and warned the owner and the contractor that a police report
will be made if they continue to disobey the orders.
On 28 January 2014 the owner and contractor continued the
works which is deemed illegal and hence both the chairman and his deputy made
the police report. However they were
advised by the police to refer to the Native Courts as this is a village
matters and they were unable to assist without the orders from the court.
The JKKK and the village head then report the matters to the
Native Courts and despite the case still pending, the man continued to carry
out the works on site.
There were three calls to appear in court given but still
the matter was not settled and the man continued the works without signing the
forms which is not respecting both the authority of the village head and the
JKKK. Hence the chairman brought the case before the Native Court in order to
exercise their rights and powers to protect the rules of village reserves as
well as the security and fairness to all the other residence of the village
reserve.
In his rebuttal, the man claimed that he has already spent a
lot of money and the rules on the forms were unfair to him. This earned him a
rebuke from Native Chief Andrew S Lidaun that his action of doing work first
and then trying to get approval afterwards is like taking someone’s daughter
away and then conducting the engagement process after. He should become a
formal member of the village first by signing the form before carrying out any
construction works. The village land reserve is meant for poor villagers and
that if he has so much money, he should go and buy his own land and do
whatever, he said.
Lidaun then read out a document submitted by the JKKK which
is the gazette of Kg Nosoob Baru as a Native Village Reserve on 2nd
February 2000.
The conditions to be followed in the village reserves
include:
1. The reserve if for the full use of the natives in Nosoob
Baru to build their residential houses and necessary additional buildings.
2. The villagers are allowed to follow their traditional
industry such as small scale rearing of fowls and farm gardens contained in the
village
3. No outsider including natives who are not from the
village is allowed to put up buildings without the approval of the Trustees of
the Village Reserve. The Trustees consist of the District Officer, District
Chief and the Village Chief, and subject to the orders of the Assistant Collector
Land Revenue, Penampang. The size of the reserve is 22.4 hectare.
Lidaun then warned the defendant that by refusing to sign
the form, he is in fact dismissing himself from the village. He then adjourned
the hearing to 15th April.
Outside the court, other community leaders informed that the
maximum penalty that can be imposed to anyone who is disrespectful of the
village chief and the JKKK and not signing the form is losing the rights to
stay in the village reserve.
NOTE: This blogger has seen an SMS sent by this man whose name is already reported in Borneo Post on 1st April as PAUL SUINGKI.
The SMS showed that Paul wants a meeting with the village leaders and also sent the same SMS to a developer KINSABINA.
This is very suspicious as what has Kinsabina got to do with village matters as Kinsabina people are NOT natives???
More reports after 15th April.
The hearing was continued on this date as schedule
Ketua Kampung Augustine Anthony was called near the bench to give clarification, not as a witness as he is part of the native court system.
Ketua Kampung of Nosoob Baru informed that the conditions in gazetting the Nosoob Baru land as a native reserves on 2 Feb 2000 are:
1. All residents must be natives, (hence the defendant will have to submit papers to proof his status as a native)
2. All residents are allowed to carry out tradition farming and rearing farm animals
3. Only permanent residents from the village are allowed to put up buildings and not from outside the village and must get the approval of the trustees consisting of Village Chief, district chief and the district officer.
The defendant had asked for a witness for an agreement with his contractor to build a house and the validity of his agreement is only 6 months.
All that is said by the defendant was true. On 26 Jan 2014 we went to the site claimed by him after recieving complaints from the villagers that some installation were carried out outside the lot that was supposed to be his.
I requested the JKKK to conduct a meeting
On 25 Jan 2014, I recieved an SMS from the defendant "untuk perhatian" 1. Kinsabina, 2 JKKK Nosoob Baru and 3. Ketua Kampung
But on 26 Jan recived another SMS from defendant asking for the meeting to be postponed because En Francis Goh is in Tawau and he is the owner of Kinsabina Building.
I have also heard the workers of kinsabina that the building is to be used as quarters for the kinsabina workers.
( defendant interrupted that he is sad with this accusation as his building has nothing to do with them)
Village chief asked the court to evaluate all these SMSes as we have never invited anyone from Kinabina to attend the meeting.
Defendant has yet to sign the aku janji form but we recieved complaints from the villagers that piling machines are already on site.
I went to the site with the JKKK chairman together with his deputy and another committee member in charge of security.
We stopped the workers and asked them from whose orders these works were carried out.
The workers have never heard of the name of the defendant but claims that the works were ordered by kinsabina.
We have obtained his workers card as in exhibit A.
During a mediation on 14-2-2014 we applied for a court order to stop the works because the defendant ignored our orders.
I have called the OCPD Penampang who advised that a court order must be obtained. On 14-2-3014 I was ordered to draft the letter after the native judge has contacted the DO for consent. Letter to be given to defendant.
Copy of letter submitted to court as evindence, the original copy was served on the defendant on 4th March at 5 pm.
I have also recieved a letter from the defendant with content as follows:
"I do not agree with the opinion of the ketua kampung and doubt your authority with your action which is not fair to me. I have been advised by my lawyers to refer the matter to the PPHT, Penampang"
I consider this letter as a threat and disrespecting the status of the village chief.
We ask the discretion of the court that in order to respect the late mother of the defendant, a lot of 60 by 60 ft be given to him only based on the site of her house before, as shown in the exhibits (photos)
That is all from the Ketua Kampung.
Defendant then given the chance to reply.
He said, he is disappointed with the accusation and,
1. I always respected the KK
2. I have even voted for the KK
3. I have plenty of correspondence with the KK
4. There is no connection between me and Kinsabina except that he was given permission to pass through the village but I was proposing to close the access after I have completed the concreting works. However KK have ordered that the access be opened to Kinsabina
( Not mention by what right this defendant has to close the access road in the first place)
Native judge then stated that the issues here are
1. Does the defendant wants to become a member of the village?
2. Would he sign the form or not?
3. Would he agree to the 60 by 60 ft size of the lot?
4. Sino Kadazan, does he have a native certificate or letter of confirmation that he is a native?
Defendant insist he had lived for years in the village but the Ketua Kampung said he was never seen mixing with the locals. Also the Aku Janji form is based on the advice of the DO in order to prevent outsiders from staying and renting houses in the village.
Defendant is told that he is not even in the queue of applicants to build houses in the village due to his mother being a former resident.
Judge asked both JKKK and Ketua Kampung on the sizes of their own lots and both said theirs is smaller than the 60 by 60 ft.
Native judge then commented "dapatkan betis mau paha lagi, selepas itu merayap lagi"
He gave the defendant another 2 minutes to decide whether he wanted to sign the AKU JANJI form. Defendant just kept quiet.
After 2 minutes the judge said since the defendant refuse to accept the conditions of the village reserve and refusal to accept the form, then by his own action he has now lost all the rights to be a member of the village.
Therefore this Native Court will record that this is what he wants.
Case Closed.
