This article summarizes the complex land dispute involving the villagers of Kampung Buah Pala in Penang, Malaysia. It notes that the villagers have lived on the land for generations but the state government approved its sale to a cooperative in 2004. While the new Pakatan government initially helped the villagers, it failed to capitalize on a legal technicality that could have saved the village. Specifically, the land sale payment deadline was missed, nullifying the sale, but the government still transferred the title to the cooperative. The villagers now face eviction from their ancestral homes due to this disputed land transfer process.
This article summarizes the complex land dispute involving the villagers of Kampung Buah Pala in Penang, Malaysia. It notes that the villagers have lived on the land for generations but the state government approved its sale to a cooperative in 2004. While the new Pakatan government initially helped the villagers, it failed to capitalize on a legal technicality that could have saved the village. Specifically, the land sale payment deadline was missed, nullifying the sale, but the government still transferred the title to the cooperative. The villagers now face eviction from their ancestral homes due to this disputed land transfer process.
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TheSun 2009-09-03 Page12 the Tragedy of Kampung Buah Pala
This article summarizes the complex land dispute involving the villagers of Kampung Buah Pala in Penang, Malaysia. It notes that the villagers have lived on the land for generations but the state government approved its sale to a cooperative in 2004. While the new Pakatan government initially helped the villagers, it failed to capitalize on a legal technicality that could have saved the village. Specifically, the land sale payment deadline was missed, nullifying the sale, but the government still transferred the title to the cooperative. The villagers now face eviction from their ancestral homes due to this disputed land transfer process.
This article summarizes the complex land dispute involving the villagers of Kampung Buah Pala in Penang, Malaysia. It notes that the villagers have lived on the land for generations but the state government approved its sale to a cooperative in 2004. While the new Pakatan government initially helped the villagers, it failed to capitalize on a legal technicality that could have saved the village. Specifically, the land sale payment deadline was missed, nullifying the sale, but the government still transferred the title to the cooperative. The villagers now face eviction from their ancestral homes due to this disputed land transfer process.
dozers showed up at Kampung Buah Pala last month, in what turned out to be a failed attempt to demolish the village, an emo- tional resident showed me an old crinkled photograph of her great The tragedy of Kampung Buah Pala grandmother, who had lived in the settlement about a hundred years back. Little would the guileless young woman with a haunting expression in the picture have known that her descendants would one day have to fight a pitched bat- ft). The land is esti- The maximum time given for Roots ... A young tle to defend that very mated to cost about the purchaser to settle the full woman who lived ancestral land that RM100 a sq ft. amount was three months. The in Brown Estate she had toiled on. Certainly, the BN cooperative made its first pay- some 100 years Much has been is answerable as to ment of RM963,000 on March 22, ago. Her great said about the why the fate of the 2007. But the next payment, of grand-daughter, Kampung Buah Pala land was decided on RM2.247 million, was collected Mahadevi Muthu, crisis. But a problem without any consulta- a year later – after Pakatan took 51, faces eviction in this whole affair is tion with the villag- power – on March 14, 2008. from their that it is swamped in ers. The cooperative Section 81 of the National ancestral village. a morass of political TheNutmeg needs to account for Land Code stipulates that “if any chest-thumping and Verses why government such sum is not so paid within technical legalese by Himanshu Bhatt servants who are en- the specified time, the approval that it is difficult for trusted to administer of the state authority to the al- the general public to over people’s welfare ienation shall thereupon lapse.” appreciate, let alone understand, should take away people’s land In other words, the transac- the intrinsic dilemma of the vil- for themselves for private com- tion would have already been lagers. mercial profits. null and void – had the govern- Those who have witnessed But lost amid the headlines ment not agreed to collect the the audacious stance the villag- and verbal diatribes is a critical payment and revive the deal. ers put up to protect their homes turning point – one which the That the land was taken away may better perceive the impulse state government under the from the villagers after the that drives these descendants Pakatan Rakyat itself failed to premium had lapsed, that the of planters and cowherds to capitalise on to save the village. villagers lost their homes after literally face death in such a In March 21 last year, just the transaction had already died, manner. two weeks after Pakatan won the may well prove to be the most For the Kampung Buah Pala general election to take power of stinging human rights blunder villagers are no squatters. The Penang, several villagers met of the Pakatan government to land they grew up is the only newly-minted Chief Minister date. home they have known for at Lim Guan Eng at his office, get- Added to this is another key least five generations. ting assurances that he would factor that has emboldened the As is well documented, the help them. residents, making them furiously villagers trace their ancestry to Just a week later on March indignant against any attempt to indentured labourers brought 28, the state land office issued remove them from their homes in by the East India Company the title for the land to the coop- – that the High Court had ruled in to work for the Brown Estate erative. The move effectively put their favour in October last year. in Penang more than 150 years the villagers under the mercy of The Federal Court of Appeal, ago. The land later became cat- the new owner and its partner, however, dismissed the villag- egorised as a vested crown for Nusmetro Ventures (P) Sdn Bhd, ers’ case on June 24, on grounds housing trust. the developer of a condominium that they did not have legitimate The idyllic life was, however, project. standing or locus standi. shaken in 2004 and 2005, when Lim has since insisted that the Lim has since arm-twisted On record ... the previous Barisan Nasional title had to be issued because of Nusmetro to offer a double-storey Kampung Buah Penang government approved an “administrative procedure”. link house to each household. Pala boys at a the sale of the land to a coopera- But that now does not seem What has put the residents off is nearby school in from filing any new suits. and to a sole remaining legacy tive for state government offic- to be completely true. In fact, that the offer would be cancelled Aug 15, 1948. The Certainly, the issue is mired of some of the early pioneers of ers (Koperasi Pegawai Kerajaan state opposition leader Datuk if the proposed project is not photo was printed in many other complications. our land. Pulau Pinang). Azhar Ibrahim pointed out in approved by the authorities. in the Windsun But the great tragedy of Kam- What made the deal contro- the last assembly sitting that the They are also required to drop studio at 491 pung Buah Pala may just be versial was that the sale was premium’s final instalment had all legal actions filed against Penang Road. how rhetoric and politics have Himanshu is theSun’s Penang passed at a discounted premium exceeded the time limit. Its valid- the cooperative, Nusmetro and distracted from a genuine threat bureau chief. Comments: letters@ of RM3.2 million (or RM10 a sq ity had expired. relevant parties, and to refrain to the human rights of a people, thesundaily.com.
One step forward, two steps back
by Yap Mun Ching ing events back home. jarred with the cheerful atmosphere maintained our brand of moderation Sadly, one of the of our immediate surroundings. and tolerance…The majority does FOR some of us Malay- first comments was Thus, other than my alternative not impose its will on the minor- sians living in London by a friend relating her parade experience this year, my ity. There is a thorough process of this year, we were able experiences discussing Merdeka experience was not a consultation, a process in which to watch a live parade Malaysia with foreign happy one. Last year for Merdeka, all views are taken into account on Merdeka Day. By colleagues. “I don’t I wrote about how we lack an iden- including those of minorities.” lucky coincidence, know where to hide tity that defines us as Malaysians Deservedly, he received thun- this Aug 31 turned my face. People are that we can be proud of and we derous applause not least from out to be the day that asking me why people can project internationally. From the hundreds of proud Indonesians the African-Caribbean are being caned in the news that has filtered abroad, who travelled long distances from community in West Malaysia for drinking it seems as though nothing has different parts of Britain to hear him London celebrates its beer or why they are changed and we may have even speak. I remember feeling very envi- annual carnival. not allowed to attend regressed in this aspect. ous of their great fortune in having So instead of the the Black Eyed Peas Our failures are all the more something so defining to be proud low-key celebrations concert. I really don’t evident when compared to the of and in having a leader who com- in Kuala Lumpur, we know what to say,” she long strides made by one of our mands such international respect. attended the Notting Hill Carnival lamented. Not surprisingly, our closest neighbours. Five months Another thing to miss this year to enjoy a blast of colour, pounding Western friends were particularly ago, Indonesian President Susilo is work of the inimitable Yasmin music, irreverent fun and Caribbean disturbed by news of the cow head Bambang Yudhoyono gave a public Ahmad whose Merdeka Day com- barbecue. Somehow, for a city which protest in Shah Alam. Not only did lecture at my university on the side mercials for Petronas were always is one of the first to detect transmit- it arouse indignation over animal of his G20 meeting. Addressing an looked forward to with much ted H1N1 cases outside of Mexico, cruelty but this mutilating act also international and distinguished anticipation. Regardless of crisis or no similar concerns arose in London evoked disbelief and disgust. It may audience, the president spoke with scandal, Yasmin had stayed true to over the possibility of the disease be the case that the people who pride of Indonesia’s achievements, her mission of spreading a message spreading in crowds. Perhaps the cause these embarrassments in particularly its astonishing path of tolerance and harmony. Can we health fears were carried away the first place are forced to back towards political liberalisation. In continue to remind ourselves of all too by the infectious bonhomie, down later but by now, it is too just 10 years, Indonesia transformed the important things about living happiness and good spirit of the late. The news has already gone from a country suffering political, together? Caribbean community. international and as with many past economic and ethnic crisis to a fully While enjoying Caribbean jerk scandals, they become additional democratic state. chicken and coconut juice, our con- black marks against all Malaysians. In Yudhoyono’s words, “We are Please direct comments to letters@ versation took a turn to contemplat- These thoughts of home certainly a functioning democracy that has thesundaily.com.