If the mother is a native and the father a non-native, their children are not considered bumiputeras and cannot claim the inheritance bequeathed to them by their mother
MOTHER’S GIFT: Then in front of the land her mother left her and her siblings.
THE children of native mothers and non-native fathers are facing a dilemma. They cannot inherit the native lands of their mothers and are being penalised simply because they are non-natives.
A mixed marriage is a union that is the epitome of racial harmony and unity but is it really so?
Or is it just a rosy surface that hides the turbulences beneath that would be felt by its products in later years?
To say this would be harsh to the union that romantically transcends all boundaries but nonetheless, it is as true as day is light to children whose mothers are natives.
Children from such union are not entitled to bumiputera rights enshrined in the constitution.
Their racial status follows that of their fathers.
A case of wrong identity – involving a girl whose father is an Iban and mother is a Chinese – brought the never-spoken-of issue to the surface, sparking hot debates and an uproar from all sides and prompting the government to issue a statement.
It stated that children of native and non-native parents are entitled to scholarships and education but failed to include inheritance from their mothers.
As explained by Tan Sri Datuk Amar Adenan Satem, Minister with Special Functions in the Chief Minister’s Office, during the recent State Assembly sitting:
“As a matter of general practice, not of law, it applies if the father is native and the mother is non-native because we take the paternalistic approach.
“But if it is the reverse – the father is a non-native and mother is native – there is a federal government administrative ruling that for the purposes of education, scholarships and so on, the children are deemed to be native and therefore have all the privileges accruing thereto.
“And speaking for the state government, we adopt the same administrative approach but we are not prepared – as in some other states that we know – to automatically declare an offspring as native if one of the parents is non-native.”
Adenan said the best solution is to help the children get declared as natives.
Currently, any native land that belongs to a native woman who happens to marry a non-native cannot be transferred to her children as they are not deemed natives.
Offsprings of such a union feel they are being deprived of their birthright. Privileges entitled to them are still shrouded in ambiguities, especially in terms of property inheritance.
These need to be resolved to give a clear and definite answer.
Magdeline Then is one such person who has, for the past 50 years, been trying to change her status in order to inherit her late mother’s land.
Then whose mum was a native and dad a Chinese, has stayed on her mother’s land since she was born.
The mother of four and her two other siblings – Sawell and Fawler – are offspring of a native mother, Marta Jagat who passed on in 1980.
She willed a 934.8 square foot piece of land (lot 2273, Sect 64, KTLD) to three of her children.
Since they are not natives, they cannot claim ownership of the property but are custodians only.
“I have stayed here for all my life – from birth till now,” said Then, a housewife.
“This is the only home I know.”
Well aware of their stand in the matter, Then and her two brothers tried to declare themselves as native in order to stake their claim.
They started the ball rolling 28 years ago in Betong but till now, are still waiting for an answer.
“We did all what were expected of us,” she said.
Raised in an Iban environment, Then is more Iban than Chinese despite her name.
“It’s very unfair. First, we cannot claim our mother’s land which is rightfully ours and secondly, we tried to declare ourselves as native for this purpose and yet, were not even given a chance. What is this? There is no logic at all.”
She could understand the paternalistic approach. After all, it has been there since time immemorial but what angered her was the fact that they were advised to declare themselves as native – which they tried – but got no response.
The least they expected, she pointed out, was a reply from the District Office.
She has personally heard and seen many non-natives taking that route for similar reasons as hers and they succeeded. So why could not she and her siblings?
Is her case one of selective approval?
“We have to fight for everything – even our rightful property. Mind you, we are legitimate voters,” Then added.
In the same boat are three of the Subur sisters whose parents are both deceased.
Their father, James, had left them eight parcels of land of up to 25 acres, located in Serian, Pedawan and Lundu.
The sisters initially thought of developing their land but now intend to sell their inheritance.
Jelly, Candi and Lucille Subur, now in their mid-50s and 60s, have changed their mind after realising their children will not be able to inherit the property as they are married to non-natives.
Only one of the Subur sibling, Shirley, is married to an Iban, so her children will not be affected.
“What choice do we have? Our children cannot own our shares so the best way is to sell and divide the money among ourselves,” Candi reasoned.
She fails to see the logic behind the law, saying “it’s our birthright and why should we change our status just to claim ownership.”
Pointed out Lucille: “Our children are Chinese and brought up as one and just for the sake of claiming ownership, they have to forsake their identity. This is absurd.
“Something must be done to change the system. This is unfair to the womenfolk. Seem they have no rights at all. Don’t our children count?”
To make matters worse, native land can only sold to natives unless its status is changed.
That is something the property owners cannot do at their whim and fancy.
The Subur sisters are resigned to the fact that whatever amount they could fetch from the sale of their properties, they would just have to accept it.
“We are in a lose-lose situation. Which ever way we turn, we lose.”
Minda Then, a relative of Magdeline Then, is in the similar dilemma. Her mother, Salundang Jail, has a property in Kota Samarahan.
Minda too applied to change her non-bumi status in 2007 but has yet to receive any reply.
“We can’t choose our parents but at least, let us have what our parents left for us,” she said.
Violet Yong (DAP-Pending) fails to see the logic behind the issue, saying: “To me, it’s unfair to the fair sex who are as much citizens as the male gender. It’s discriminatory.”
Yong appealed to the government to look into this matter and reach a solution fair to both sexes.
“It’s their right to the ownership of their inheritance be they natives or non-natives. After all, it is willed to them by their native mothers,” she said.