Hornbill Unleashed

March 12, 2012

Villagers sue Masing’s men

Filed under: Politics — Hornbill Unleashed @ 12:00 AM

Joseph Tawie

It’s more than politics for several Parti Rakyat Sarawak leaders who’ve been found to have a finger in land deals in Sri Aman

Eleven longhouse chiefs representing their own ‘anembiaks’ (followers) have filed a suit against three companies, one owned by members of Parti Rakyat Sarawak (PRS).

The companies have allegedly encroached into their native customary rights land. The PRS president is James Masing, who is also the Land Development Minister.

The suit was filed last month by Messrs Baru Bian and Advocates at the Kuching High Court.

Named in the suit is  Kriscore Sdn Bhd whose directors include Kristopher Nyuak Anak Bajok and Jessie Anak Hillary Chukan, both of them are members of PRS, and Razali  Zainuddin.

The area licensed to Kriscore Sdn Bhd is about 3,281 hectares and is situated at Ulu Kesit, Lubok Antu.

Also being sued are YWP Industries Sdn Bhd, Pembinaan Suries Sdn Bhd, the Director of Forests, Superintendent of Lands and Surveys, Sri Aman and the Sarawak government.

Pembinaan Suries Sdn Bhd is licensed to extract timber on 850 hectares adjacent to the area given to Kriscore Sdn Bhd.
In their statements of claim, the natives want the court to declare that they had acquired and or inherited native title and native customary rights (NCR) over the area.

They want a declaration that this native title and rights preclude Pembinaan Suries Sdn Bhd (second defendant) and Kriscore Sdn Bhd (third defendant) from issuing or granting the said timber licences thereby impairing or abridging their native rights.

Govt breached Forests Ordinance

They  also want a declaration that the acts of the director of Forest (fourth defendant) and the Superintendent of Lands and surveys, Sri Aman (fifth defendant) in issuing the said  timber licences, in so far as they impair the natives’ NCR over their pemakai menua or ancestral or NCR land, is wrong, illegal, unlawful, bad and void.

The landowners also want a declaration order that the issuance of the said timber licences to the Pembinaan Sdn Bhd and Kriscore Sdn Bhd overlaps or covers their pemakai menua, ancestral, or NCR land and as such is unlawful, improper, unconstitutional and therefore null and void.

They are also seeking an alternatively declaration that the issuance of the said timber licences is subject to the native title or native customary rights or usufructuary rights of the natives in or over the pemakai menua, or ancestral or NCR land.

They want the court to declare that in issuing and granting the timber licences, the Director of Forests and the Superintendent of Lands and Surveys, Sri Aman are in breach of their fiduciary duty to the natives and therefore the said timber licences were null and void.

They said the Director of Forests and the Superintendent of Land and Surveys, Sri Aman are in breach of the statutory provisions of the Forests Ordinance (Cap.126).

The natives want their NCR land be excised out of the area under the said timber licences and want a mandatory injunction against YWP industries Sdn Bhd (first defendant), Pembinaan Suries Sdn Bhd (second defendant) and Kriscore Sdn Bhd (third defendant) their contractors, subcontractors, employees, servants and workers from trespassing, clearing, using or occupying the plaintiffs pemakai menua.

They also claimed damages, exemplary damages, alternatively, aggravated damages, interests and costs.

The contested area is under state constituency of Batang Ai which is part of the Lubok Antu parliamentary constituency. The incumbent assemblyman of Batang Ai is Malcolm Mussen and the MP is William Nyalau, both are PRS senior leaders.


  1. The self proclaim Title’ 2 Towkay’, you are really smart in psycho your own people to give up land for your benefit.Woooo! if the deal is is throw each you would receive appr. rm17.5 million kickback. Poor Iban friend from Sri Aman, very soon all your NCR land would sold by this crook polifician. ruthless sorry to say, nothing you can do after this . But crook politician alway remember, GOD IS WATCHING YOU’

    Comment by ruthless — March 12, 2012 @ 3:41 PM | Reply





    Official land grabs in South China has aroused the great anger of the people to such an extent that it ended up that the people won their right to free elections. This may set the trend in China for the people to finally take power.

    CNN: http://youtu.be/5vdncZbkmsw
    AL JAZEERA: http://youtu.be/R7FCOlee1lI
    BBC: http://youtu.be/PWjb-GS9ppk
    NTDTV: http://youtu.be/jwR5vvsRU9A

    What the people say? Our land has been stolen for private profits! We need land to survive!

    In China a new people’s revolution is on foot because the Chinese Government like UMNO has increasingly been infected with the UMNO style corruption as China rushes headlong into the death trap of capitalism.

    In Wukan officical backed land grabs led to an uprising in this small fishing village of over 20,000 people.

    The people organised and took back their power.. so far.

    (Charlie Chaplin in “The Great Dictator” http://youtu.be/QcvjoWOwnn4)

    Charlie’s message applies to all Dayaks and oppressed peoples of Sabah Sarawak


    Comment by anon — March 12, 2012 @ 1:36 PM | Reply

  3. It is not “orang Melaya” or “parti Melaya” that have been betraying the trust of the people or stealing from the people. To colonise the weak and vulnerable minds of the rural poor, UMNO controlled BN in Sarawak had been engineering a massive propaganda that Sarawakians must not support “outsiders” or “West Malaysia” political parties. The local Bumiputra has been duped for well over 30 years after Stephen Kalong Ningkang had been replaced by BN Federal government,into believing that a weaken PBB led by the paramount thief minister would result in UMNO dominating Sarawak and its resources.

    PBB, Tun Rahman Yacub and Taib Mahmud had been the proxies of UMNO and dominatingand colonising Sarawak for their own mutual benefits. We must kick out all UMNO controlled BN candidates in GE13.

    Comment by Mata Kuching — March 12, 2012 @ 12:23 PM | Reply

  4. Yes why those PRS members BN goons can easily get plantation projek assistance approvals???

    Are they Cacat also? Or they just another type of Cacat OKU-Orang kuat UMNO?

    Looks like there are two types of handicap people can get bantuan/projek :
    1. Cacat folks earning RM2000 or below
    2. Cacat OKU Orang Kuat UMNO

    Fatimah: Disabled farmer earning RM2,000 a month, therefore does not require govt aid
    By ZORA CHAN, The Star, Friday March 9, 2012

    KUCHING: Welfare aid recipients, including physically challenged or disabled people, are subject to annual revision and the Government will terminate an aid if a person is out of the poverty bracket.

    This was the case with a disabled farmer from Sri Aman, 52-year-old Frusis Lebi, whose welfare aid was terminated in October last year after it was discovered that he had been earning more than RM2,000 a month, said Welfare, Women and Family Development Minister Datuk Fatimah Abdullah.

    She explained that the welfare officers reviewed Frusis’ socio- economic status and decided to terminate his welfare aid before Assistant Agriculture Minister Datuk Mong Dagang gave the directive to the Sri Aman agriculture office to withdraw the monthly aid.

    “As far as the Welfare Department is concerned, we’ve investigated Frusis’ case and since he was earning a stable monthly income of more than RM2,000, he is not categorised as poor anymore.

    “Based on our guidelines, he is no longer considered needy and, therefore, the aid for him was stopped,” she said yesterday when asked to comment on Mong’s action.

    Mong admitted that he wrote a letter to direct the agriculture office to cancel a fertilizer subsidy and welfare aid to Frusis.

    In the letter, Mong said the withdrawal of the government aid was also justified as Frusis had supported, and set up an operations centre, for the Opposition in the last polls.

    The letter had generated a lot of criticism against the Bukit Begunan assemblyman.

    Frusis, who has deformed arms and legs, has been receiving a working allowance since July 2008.

    He has also been given a RM500 grant to start a small business, while in April last year, he was awarded the 1Azam scheme.

    Fatimah defended the Welfare Department’s action to terminate Frusis’ aid, saying it was not political and Mong’s letter was coincidental.

    She said termination of any welfare aid was a very sensitive issue among recipients and, therefore, often reminded her officers to go to the ground to carry out thorough assessments and to act in a professional manner at all times.

    Some exceptions could be made in certain situations where an elderly couple could not rely on their children to take care of them because the children were labourers with low income and had their own families to support, she said.

    “Look at their homes and living conditions. If parents and their children are all living in difficult situations, the aid will be provided to the elderly couple. But if their children can support their parents, the aid will be reduced or stopped,” she said.

    Fatimah explained that welfare aid could not be given to a person forever because there were new needy people everyday who needed assistance.

    Taib’s son awarded millions in govt contracts
    by Joseph Tawie, FMT, November 7, 2011

    Most of the contracts were awarded without an open tender being called, claims the DAP.

    KUCHING: For the past five years, Chief Minister Taib Mahmud’s son Abu Bekir has been the main beneficiary of millions of ringgit worth of government contracts awarded by the state government.

    Confirming widely speculated rumours here, the state government recently disclosed in its written answer to a DAP assemblyman that most contracts were awarded without an open tender being called.

    The contracts were awarded to two companies – Titanium Project Management Sdn Bhd and Woodville Construction Sdn Bhd.

    Titanium is linked to Abu Bekir.

    The revelations, according to Kota Sentosa assemblyman Chong Chieng Jen, were “really shocking”.

    “These details which are contained in the answers to my questions (submitted to the State Legislative Assembly) are really shocking,” he said.

    Chong, who is also state DAP secretary, had put in his questions during the assembly’s June sitting.

    He had written to ask the State Infrastructure Development and Communications Minister for a list of all contractors awarded by the state and federal governments for the construction and completion of bridges in Sarawak in 2007, 2008, 2009, 2010 and 2011.

    He had also asked for the respective contract sums and actual sums of each bridge.

    Contracts to Titanium

    Chong also wanted to know whether the awards of these contracts were carried out pursuant to an open tender process and, if so, what were the criteria and consideration for appointment of these contractors as the main contractors for these bridges.

    “Basically, there are two companies given the state projects to build bridges in Sarawak without open tender.

    “One was Woodville Construction which is owned by Shin Yang group of companies and the other was Titanium Project Management which is owned by Abu Bekir, son of the chief minister,” he said.

    Woodville Construction was given two projects worth RM217,500,000 while Titanium Project Management was awarded one contract.

    In 2008, the Titanium Project Management was awarded a contract to design, construct and complete bridges and culverts to replace temporary and semi-permanent council bridges and some Public Work Department bridges in Sarawak.

    “Under this contract, a few hundred bridges were given to Titanium Project Management to construct, and the value of the contract is RM1,178,410,000,” he said, pointing out that this was “almost a monopoly” in the construction of bridges.

    “What is shocking is that the state projects were awarded to Abu Bekir and Shin Yang companies not through open tenders unlike the federal projects.

    “This is totally against the principle of fairness and transparency in awarding government contracts.

    “If you remember in 2001, the government contract was given to Titanium Management to construct 384 bridges at the cost of RM500 million.

    “In 2006, the company constructed only 332 bridges or about 80 percent of the bridges, but the government has to pay the company RM948 million,” he said.

    Corrupt practices

    According to Chong, in 2008 the government again awarded another contract to Titanium.

    This time the contract was awarded to Titanium Project Management.

    “Although it is a different name, it is the same company with the word ‘Project’ added to its name with the same constitution and the same shareholders.

    “This is an abuse of power and an unfair government practice that is cutting off other contractors from doing government works.

    “I think the State Infrastructure Development and Communication Minister Michael Manyin has a lot of explanation to make to the people of Sarawak,” said Chong.

    He described the whole process of awarding these contracts by the state government as “smacking of corrupt practices”.

    When asked if the opposition would lodge a report on the issue with the Malaysian Anti-Corruption Commission (MACC), Chong said: “Is there any use?

    “There is no point to lodge a report as MACC has made its position very clear that binoculars that could be purchased for RM5,000 each and were charged at RM50,000 apiece is not corruption.”

    Chong was referring to the Auditor-General’s Report 2010 which disclosed that binoculars purchased by the Marine Department was charged RM50,000 each instead of RM5,000 as it should have been.

    “If that is not corruption, I don’t know what corruption is. But the MACC ruled that it is not corruption,” he said, drawing a comparison between this issue and the Teoh Beng Hock case.

    ‘MACC, a BN political tool’

    Chong said Teoh had allegedly spent RM2,000 to buy and distribute Malaysian flags and the MACC interrogated him throughout the night and forced him to commit suicide.

    “If you compare this case with Teoh’s, you can see a stark difference in the treatment,” he said.

    Chong said that although there was a prima facie corruption case, the MACC did not open any file or investigate.

    “They just brushed off the case.

    “Judging by the way it (MACC) conducts itself, it appears that MACC is a political tool of Barisan Nasional to oppress the opposition, while condoning such acts of abuse of public funds by the BN government,” he said.

    Taib keeps his YBs wealthy
    by FMT Staff, March 7, 2012

    Taib Mahmud’s 30-year tenure as Chief Minister and Sarawak Barisan Nasional chairman has spawned many millionaires within its circle of Ybs, says Sarawak Report.

    KUCHING: Sarawak Chief Minister Taib Mahmud’s secret to staying in power is bribery, at least that’s what the ‘political insiders’ here are saying.

    According to them, Taib has allegedly “bribed” MPs and assemblymen with timber concessions, plantations, contracts and whatnots in return for their absolute loyalty over the past 30 years.

    Taib has been in power since 1981 and whilst he has himself amassed an unexplainable amount of wealth which runs into billions in US dollars, here and abroad, he has also ensured that his ‘immediate’ circle of political allies have also become as wealthy.

    Take for instance his loyal deputy Alfred Jabu Numpang. Jabu has been Layar assemblyman for over 35 years, but the constituency is reportedly in a pitiful state. The man and his family however have reaped millions simply for keeping the native Ibans there convinced that Taib is ‘god-sent’.

    Jabu has allegedly received contracts, concessions and kickbacks each time Taib awarded himself some goodies.

    Jabu’s wealth is now sizzling the internet with disclosures of contracts awarded to him in the last decade.

    Jabu – who may very well be yet another billionaire – and his politically connected cronies have allegedly received over RM500 million in contracts through KACC construction in the last 10 years.

    The company is listed in the Construction Industry Development Board (CIDB) website.

    The website also offers names of the projects and contract worth. All except two of the contracts awarded to KACC Construction by the Taib government are in Bintulu.

    Shares in KACC Construction are reportedly held, jointly, by Jabu’s family and the families of state secretary Mohd Morshidi Abdul Ghani and Fadillah Yusof.

    Fadillah is the MP for Petra Jaya. She is also the Deputy Minister for Science, Technology and Innovation.

    KACC’s shareholders are Jabu’s daughter Jennifer and his cousin Robert Lawson Chuat (a PBB assemblymen). Other shareholders are Abdul Ghani’s brother Mohd Taufik and Fadillah’s niece and nephew.

    Millions for Sagan’s loyalty

    These details were part of a series of revelations on Taib’s ‘wealthy YBs’ by online investigative portal Sarawak Report (SR).

    According to the portal, KACC Construction is not the only source of Jabu’s wealth.

    Over the years Jabu and Taib have worked hand-in-glove in persuading natives to release their lands to them and their cronies, Jabu and his family run Herba Aromatics Sdn Bhd.

    The state government had awarded this company lucrative concessions which include rights to oil palm plantation, said the portal.

    Early last year it was widely rumoured that Jabu had ‘scored’ when he allegedly sold these lands to Felcra for RM7 million

    Then there is Sarawak Land Consolidation and Rehabilitation Authority Malaysia (Salcra). Jabu is the chairman of the controversial Salcra which involved the mass conversion of tens of thousands of hectares of native customary lands into oil palm plantation.

    Salcra was promoted as a way of providing the poor landowners with Sarawak with a living from the profits. But the portal said Jabu and his cronies however have happily reaped the benefits of the palm oil boom.

    Meanwhile other juicy bits on Sarawak Report include how federal minister Jacob Sagan, who is the Baram MP, allegedly sold his allegiance to Taib for hundreds of millions of ringgit in timber concessions and construction contracts.

    Sagan gave his support to Taib’s proposal to construct the monstrous Baram dam which will dislocate thousands of natives and destroy their livelihoods.

    Naroden, another beneficiary

    The Sarawak Report also mentioned Sarawak Entreprenuer Development Assistant Minister Naroden Majais who has made himself richer by allegedly awarding himself RM100 million worth of government contracts, with Taib’s permission.

    Details and value of the contracts were posted on the CIDB website. The contracts were awarded to Embun Pelangi Sdn Bhd, whose board of directors include Naroden’s wife, Massenah Ahmad and son Kamaruzaman.

    Since 2002 Embun Pelangi received no less than RM100 million in contracts from Taib.

    Naroden, who is allegedly ‘very close’ to Taib, is also one of the biggest timber concessionaires in Sarawak. Much of these concessions areas are in the region of the Baram Dam.

    Comment by Teddy Gumbang — March 12, 2012 @ 11:42 AM | Reply

  5. Its the Iban rights to reclaim their STOLEN NCR lands. The PRS members who are “alleged” to have STOLEN the lands are members of the Barisan Nasional. Do you Ibans (who are seemingly ignoramus) of the issue realize that you keep on voting these so called “Iban wakil rakyat Yb yang berdusta” for the last 48 years, even after these elected guys “rampas” your lands? Will you still vote for Nyalau and Lumoh? I am sure you will. My question for you is, “why do you seek help from the “pemangkang” lawyers to reclaim you stolen NCR? I hope you whose lands have been returned to you through legal processes, won through the “pembangkang” will vote for Pakatan in the coming 13GE. Pembangkang is not the”penipu and pembula”. BN is the problem. Vote them out!!!

    Comment by Mandela — March 12, 2012 @ 10:18 AM | Reply

  6. YES BOSS!

    Written by: Dr. John Brian Anthony

    Just last year Dr. James was given “Tan Sri” and Mong Dagang given a “Datukship”. Today – both are boss or rather they prefer to be called “The Boss”. Things has really changed to be rather strange that both PRS leaders are well educated and yet could not understand their role as elected representative of the people and being appointed into public office as cabinet members.

    Dr. James felt that because he won an election and being a part of the Government he is “BOSS” and untouchable. He believed that it is his rights to be “BOSS” under the democratic principle. How pathetic that thought is and now I begin to understand why the Dayak are not progressing as fast as we should because it is our own very elected leaders who by their undemocratic thinking is in the way of progress.

    Read more: http://dayakbaru.com/weblog08/2012/03/07/yes-boss/

    In a real functioning democracy the “boss” has to account for and answers to the people the real boss!

    Comment by anon — March 12, 2012 @ 10:08 AM | Reply

  7. This Malcolm still sober? No wonder lah….. a ‘kaki botol’ MP; what do you expect from this guy?

    Comment by Anti BN — March 12, 2012 @ 12:10 AM | Reply

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