BA KELALAN assemblyman Baru Bian has not been fair to the people of Sarawak on the issue of the need to have perimeter surveys under Section 6 of the Sarawak Land Code (SLC).

As a lawyer, Baru, I believe, is fully aware of the objective and purpose of Section 6 and 6A of the SLC as amended.

It has been explained, in plain and simple language by the Deputy Chief Minister Datuk Amar Douglas Uggah when presenting the relevant Amendment Bill.

Follow-up explanation by relevant government agencies and many other quarters also were widely made in very clear term, to all and sundry in their respective languages.

However Baru chose to play politics than giving a true picture of the law for reasons which is beyond our comprehesion but only known to himself.

I am amazed that he has commanded a lot of blind following by those who also chose not to listen to the government and the relevant agencies or responsible quarters but only Baru.

It seems to many that Baru had them run like “aimless and gullible zombies on a wild goose chase” digressing away from the truth but still catching some attention for his rethorical act.

The expose through the media of his ownership of land which was referred to by Deputy Chief Minister Uggah as something which Baru should acknowledge as evidence of the State Government’s sincerity in getting all NCR land eventually surveyed under Section 18, is a “checkmate” on Baru’s rethorical stunts on the subject.

His land was part of a  larger area or a Territorial Domain (TD) that was being claimed by his community and which had earlier on been surveyed under Section 6, with a view that that area would be recognised and identified exclusively for his community as against any other communities or longhouses, or for that matter, the rest of the world.

That initial survey under Section 6, could not have been done, if Baru and his family or community had objected to it.

He never objected to it.

Therefore, Baru had by his conduct and silence acquiesced or submitted to the Section 6 process that eventually moved to a smooth successful surveys under Section 18.

Section 18 survey was, some short years latter conducted on their TD or communal area which eventually resulted in their TD, sort of  being “subdivided” into individual lots and issued with documents of titles under Section 18.

I therefore humbly urge all fair minded fellow citizens not to be swayed by his rethorical stunts and his lures for  his wild goose chase on the subject.

This fact proves right in the face of Baru that a perimeter survey under Section 6 is just a “transit” or “precursor”  to Section 18, and helped to expedite issuance of titles for individual claimants such as Baru and his family members.

Why is a perimeter survey under Section 6 very important and necessary?

Let me put it in a very simple term.

A perimeter survey under Section 6 involves demarcating a boundary of a large area called a “territorial domain” ( TD) consisting of many plots of various sizes that is being claimed by members of a particular community or kampung or longhouse.

It does not involve the sub-survey of the individual plots within that territorial domain.

The rationale of the perimeter survey of the TD is for the Government to assist that particular community to have their TD  or communal area identified, demarcated and distinguished from other territorial claims by other communities kampungs or longhouses, which, practically do overlap.

Cross claims, disputes and disagreements have caused a lot of confusion and problems not only between conflicting communities kampungs or longhouses but to the Land and Suyvey Department, the Police and other relevant agencies.

Once done, Section 6A title to that particular TD would safeguard community members who have their plots within it.

It would give a sense of comfort  for that particular kampung or longhouse that their TD is recognised and identified by law in perpetuity.

Next, this community would among themselves sort out their common boundaries of their individual plots and assist the Land and Survey Department by giving full details of their individual claims sizes etc so that it would be easier for the the said agency to embark upon doing surveys for individual plots under Section 18. This mode or step has helped the Land and Survey Department and other agencies to complete their work faster and smoother.

Another reason is that Section 18 surveys without initially doing Section 6 would cause plenty of delays as proven in practice due to inter or cross-communities disputes or disagreements as to boundaries of TDs as well as individual inheritances etc.

Both types of survey operation be it Section 6 or Section 18 would need the government to set aside hundreds of millions of ringgit every year.

Let us see how Section 6 surveys have assisted the Govt to expedite surveys under Section 18.

I came to understand that  from 1990 to 2010 there were only 200,000 plus acres of NCR land that were managed to be surveyed through direct Section 18 process.

Compare this to a huge total area of more than 1,800,000 acres of Section 18 surveys done after Section 6 process was introduced.

This proves that Section 6 process is very necessary and important for the rakyat and the government to save cost and funds, time and efforts, which otherwise would go to waste if there were  costly and protracted delays, as explained earlier.

Unfortunately, Baru has been adamant and obstinate in maintaining his stance by giving  a seemingly very “raw and uneducated” argument, which is unbecoming of a lawyer.

He has too much political flavour in currying his so-called fallacy.

The fact remains that he has misled a lot of people.

Not every Sarawakian is as lucky as Baru to be able to have an indefeasible ownership and a title or titles in perpetuity to a native area land or lands under Section 18 of the SLC as fast as he had benefitted.

Due to the huge sum of funds involved, the government has got to strategically plan its budget for this purpose and eventually able to cover the face of Sarawak.

At the same time, It has to reasonably balance up all the needs of the rakyat in all aspect of our lives, and able cover the demands of other developments and other needs, year in year out, so that our state could go on progressing as smoothly and successfully as we all want it to be.

Dato Idris Buang

Information Chief of Parti Bersatu Bumiputera Bersatu (PBB) & Muara Tuang Assemblyman