More than 100 Iban families of Kampung Lebor, near Serian in Sarawak, have mounted a blockade to stop Tabung Haji from harvesting oil palm on 3,000 acres of land to which their native customary rights (NCR) have been legally recognised.

The action has also paralysed the operations of an oil palm mill in the disputed site.

The blockade was erected last Friday after Tabung Haji refused to honour a Kuching High Court ruling in February 2012, which had been reaffirmed by the Court of Appeal.

The original ruling directed the company to return the 3,000-acre site to the natives, but Tabung Haji’s appeal last year resulted in the Court of Appeal extending the land to more than 14,000 acres.

The company has filed up an application for leave to take the matter to the Federal Court and has continued to harvest the oil palm.

Lawyer and Sarawak PKR vice-chairperson See Chee How (left) , who represented the natives, said they had submitted several requests to the company pending disposal of the court application.

One request is for the land to be returned to them, but this has not been done, said See.

The company has furtehr refused to entertain a request for an amicable solution through discussion, sparking anger among the natives.

“The company has been harvesting oil palm without paying anything to the people, who have been more than lenient with it,” said See.

“They have been waiting for a long time for the judgment and have not enjoyed benefits from their land. This is most unfair to them. I am very disappointed with the company.”

According to a senior civil servant whose land is within the disputed area, it would be possible for the natives to “earn RM3 million per year from the 3,000 acres”.

“As this has been going on for about 10 years, that would make up RM30 million. Now that the Court of Appeal has extended the site to 14,000 acres, the amount could be in the region of RM140 million,” he claimed.

Land ownership history

Tracing the history of the case, Sigan Ak Degon said that when their land was taken by Nirwana Muhibbah, a company owned by Naroden Majais, assistant state minister of bumiputera entrepreneurship, the natives filed a civil suit in 1998.

In view of the impending legal suit, Naroden sold the land to DD plantation, which then sold it to Tabung Haji.

The case was heard in 2003 and the Kuching High Court delivered its decision on Feb 23, 2012.

The Ibans were, however, barred from entering the land and prevented from harvesting the oil palm.

They therefore gave Tabung Haji until June 25, 2012 to hand over the land, failing which they would mount a blockade.

The blockade was mounted on June 24, 2012, leading to both parties being summoned to the Serian police station accompanied by their respective lawyers.

During the discussions, the parties agreed that both should be allowed to harvest the oil palm. As a result, the Ibans agreed to dismantle that blockade.

The writer, who uses a pseudonym, is based in Sarawak.