Freehold titles: Royalty did not object, says Perak exco

Both Sultan of Perak Azlan Shah and Crown Prince Raja Nazrin knew of the state government’s deliberations on the issuance of freehold land titles to residents of new villages and planned settlements and have not objected to the move.

"Before Menteri Besar Mohd Nizar Jamaluddin holds an exco meeting, he ensures that the palace is informed of the agenda of the meeting. If there were any objections on the part of the royalty, I do not know of them," Perak exco Ngeh Koo Ham said when contacted today.

"As far as I am concerned, the excos have only been told to abide by the rule of law and the federal constitution - in this case, the National Land Code," he added.

Deputy Prime Minister Najib Abdul Razak yesterday told a press conference that the Perak government must obtain consent from the National Land Council before issuing freehold land titles to leaseholding residents of new villages and planned settlements.

Citing the National Land Code (NLC), Najib said freehold titles can only be given for land used by the federal government for public purposes and limited ‘special circumstances’.

As such, the PAS-led Perak government’s move - to issue freehold land titles 149,000 people living in 349 new villages and planned settlements in the state - would have to be discussed by the Council in its next meeting before it can be implemented, Najib added.

Ngeh, however, said the state government and its legal advisors - who include senior lawyers and a former Court of Appeal judge - think otherwise.

"With respect to Najib, I would beg to differ because before we took this step, our legal advisors and lawyers - among whom senior lawyers who have been practicing for 20 to 30 years, as well as former Court of Appeal judge NH Chan - said we could do this.

"It is within the power of the state to deal with land matters in this way and there is no law that restricts that power of the state. It is guaranteed by the federal constitution," said Ngeh.

‘We are only giving them their due’

He also recounted how the new villages and planned settlements came into existence when the British forced many villagers into guarded communities to isolate the Communists, who were then waging a war against the colonial government.

"The NLC stipulates that the issuance of freehold titles can be done for government projects, for public purposes such as schools and in ‘special circumstances’.

"These have not been defined in law, but these people were forced to live in these new villages and planned settlements by the British and have stayed there for the past 50 years or so. Don’t they deserve special consideration?" said Ngeh.

Asked whether there were other ways to help residents of new villages and planned settlements, other than issuing them freehold land titles, Ngeh said this is only one of the things - and not the only thing - being done for them.

"Furthermore, why shouldn’t they be given freehold titles to their own homes which they have lived in for so long? While others have gotten titles to their homes, these people were overlooked. We are only giving them their due," said Ngeh.

"Are they supposed to continue living on 30 or 60 or 99-year leases? We want them to feel like they belong to this country, but how can they when the homes they are living in are not their own? To have loyal citizens, you have to give them at least a sense of security (of tenure)".

Notwithstanding Najib’s stand on the matter, Ngeh noted that the Pakatan Rakyat parties had - soon after taking over the reins of the Perak government - already accepted scores of applications from residents of new villages and planned settlements to convert their leasehold titles into freehold ones.

"Any time, now, the first batch of applicants will receive the freehold titles to their homes," said Ngeh.

He also slammed Barisan Nasional leaders for portraying DAP’s move to grant freehold land titlles as a racially driven one.

"Of the new villages and planned settlements, the bulk majority in the former are Malay villagers, while many are Indians. They will receive freehold titles. So how can we be driven in this by a Chinese bias?" he asked.

BN parties causing trouble?

Meanwhile, DAP supremo and Ipoh Timur MP Lim Kit Siang in a statement said two questions come to mind after Najib's ‘no freehold’ bombshell.

"Why has it taken the federal government nine months to arrive at a position with regard to the Perak state government’s intention to issue freehold land titles?

"Secondly, are Umno, MCA, Gerakan or other Barisan Nasional component parties throwing spanners into the works of the Perak and Penang state governments to issue freehold land titles?" he asked further.

"Let Umno, MCA, Gerakan and all the other BN component parties publicly declare their stand on this issue," said the opposition stalwart.

Lim also disclosed that earlier this month, some 20,000 owners of low and medium-cost flats developed on state land did not have to pay a premium to convert their leasehold land titles to freehold status.