Kampung Buah Pala Land Tussle
The Malaysian Insider
July 6, 2009
Kampung Buah Pala Land is a Penang state matter, says Najib
Prime Minister Datuk Seri Najib Razak said today the Kampung Buah Pala land tussle must be settled by the Penang state government, passing the buck back to the DAP-led Pakatan Rakyat (PR) administration in what is turning into a racial powder keg. The Penang state government said yesterday it would be writing to Najib to seek assistance from the federal government to take over the piece of prime land.
A small number of families in Kampung Buah Pala, in the Glugor area of Penang, are facing eviction after a private developer won outright ownership of the land recently. But a number of Hindu Rights Action Front (HINDRAF) activists have seized on the residents’ predicament, and turned the dispute into a racial issue.
Today, Najib said the residents’ predicament was a state matter and should be settled at the state government level. The prime minister’s remarks shut the door on the possibility of any federal intervention.
Penang CM Lim Guan Eng
The Penang state government has already said it would be too costly to acquire the land, and let the residents – mostly Indian cowherds – continue staying there. Chief Minister Lim Guan Eng said the state government could not afford the high cost of taking over the land to enable 23 families to continue occupying the area. He had hoped the federal government could assist in acquiring the land from Koperasi Pegawai Kerajaan Pulau Pinang and pay compensation to developer Nusmetro Ventures (P) Sdn Bhd.
No quick resolution to the controversy is now in sight, with certain HINDRAF leaders ratcheting up the rhetoric against the Penang government with plans to use the issue as a cause célèbre to revive the group’s own flagging fortunes.
Conflicting reports from residents say the disputed land had been held in trust for their use. The trust was apparently set up by the previous colonial-era owners of the land. The nature and conditions of the trust has not been disclosed, but legal experts say such documents cannot be enforced in perpetuity.
But it has also been reported that the property had been converted into Temporary Occupation License (TOL) land after independence. The land was eventually sold and alienated to the new owners during the tenure of the previous Barisan Nasional (BN) government.
It was reported that following a lawsuit, the Federal Court had declared the residents had no locus standi, or legal standing, to lay claim to the land. But since the involvement of HINDRAF, the controversy has taken on emotional and racial overtones. It is unclear if residents want to continue staying on the land or if they want better compensation than what has been offered by the developers.
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The first question to ask is who are the people behind the developer, Nusmetro Ventures (P) Sdn Bhd. The next question is who approved the terms and conditions of the sale of the land by Koperasi Pegawai Kerajaan Pulau Pinang. Since it cannot be the DAP-led Pakatan Rakyat state government, it must be the previous BN administration.
More details should be disclosed by Penang state government as soon as possible. Unfortunately, Kampung Buah Pala land tussle has become a political issue with the involvement of HINDRAF activists.–Din Merican
dinobeano - July 6, 2009 at 7:47 pm
Why is the issue involving Kg Buah Pala be turned into a racial issue by HINDRAF? Who elected HINDRAF and who elected Waythamoorthy or Uthayakumar as spokesmen for all Indians in Malaysia?
Batu Ferringhi - July 6, 2009 at 7:56 pm
those advising the KBP folks has messed up everything from the very begining , why didnt they make so much noise when the 1st sale was made i am sure they realise then that the sale was wrong. so now they cant do anything but find a scapegoat/easy targer which is present penang govt.
uncle buck - July 6, 2009 at 8:13 pm
Many are jumping onto the wagon to get popularity not many are trying to solve the problem.
State government’s hands are tight by the BN federal bullies. However, they should at least act as the middle man between the residence and developer to find an amicable solution. If the residence refuse to move even adequate compensation is agreed to be paid then the court’s decision holds.
To those who scream about keeping the heritage of the kampong, I would like to ask if they are all still living in the house their grand father or great grand father built that has so much of heritage and historic values.
chanal - July 6, 2009 at 8:17 pm
Din Merican is on the right track. It is all about power. When you see power, especially under the previous administration, you see corruption. What is corruption if not the misuse and abuse of power.
All that is missing now is the identity of the players. You gotta pay to play. So who paid?
It is trite law that squatters do not get to have legal title through adverse possession. What they get is compensation. The matter of compensation is a matter for the courts.
Having said that a loose organization like Hindraf would need to give a face to its struggle to bring justice to the poor, the underprivileged and the disenfranchised. Its leaders refuse to be absorbed by the failed ideas and policies of the past but do not have the resources at the disposal of their political rivals to go it alone. But they were right in tapping into the energy of Hindu nationalism. For a brief moment it worked. Didn’t it make the headlines? Now that they have what are they going to do with it? Where are they going with it?
“Buah Pala” is a test case for their leaders.
Would Hindraf over time morph to become just another political party with its energy as a ‘movement’ all but spent, with their leaders playing a secondary role in national politics and over time disintegrate and fall into disuse? Whatever awaits the fate of this ‘movement’ fanning the flames of racism is not in the best interest of even their leaders – let alone their supporters.
Mr Bean - July 6, 2009 at 8:51 pm
thanks for sharing
regard
Deni Borin - July 26, 2009 at 6:25 am