Interpretation Ordinance: Gazette enforcement date of amended ‘Native’ definition, DCCI sec-gen urged S’wak govt

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Libat Langub

KUCHING (June 11): Dayak Chamber of Commerce and Industry (DCCI) secretary-general Libat Langub has urged the Sarawak government to expedite the enforcement of the amended definition of ‘Native’ in the Interpretation Ordinance.

He said although the amendment was passed on Feb 15, the date of coming into force of the said amendment has yet to be gazetted.

Libat said this following the predicament faced by a specialist doctor from Kuching, whose father is a pure native and mother a non-native, who had his application to transfer property of a Native Area Land rejected by the Land Office on the ground that he was not considered a native under the law.

This was despite the passing of the amendment by the State Legislative Assembly (DUN) on the definition of the word ‘Native’ in the Interpretation Ordinance 2005 to include children of mixed native and non-native parents.

“On Feb 15,  the Deputy Minister in the Premier’s Department explaining the said amendment on the word ‘Native’, applauded by many children of mixed native and non-native parents, had  stated: ‘With this amendment, a child will be considered a native as long as either parent is a native. There is no longer a requirement that both parents must be a native of Sarawak.’

“The rejection of such transfers or dealings by the Land Office on the said ground had caused many parties, namely the affected parents and their children, unnecessary stress and has greatly prejudiced the rights of these children of mixed parentage,” Libat said in a statement.

He said a senior Kuching native lawyer who is married to a non-native woman also voiced his dissatisfaction as his transfer of a piece of his Native Area Land to his son was recently rejected outright by the Land Office for a similar reason.

“It appears that there are other similar cases involving rejection of registration of the land instruments in favour of children of mixed native and non-native parents on similar ground,” Libat said.

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