Nine farmers from Sungai Siput, Perak, obtained temporary reprieve today with the Court of Appeal granting an extension on their stay application to June 23, until their appeal against the order to vacate the land, from the Land and Mines Department, local district office and the Perak government, is heard that day.

A three-member bench led by Justice Mohd Zawawi Mohd Salleh granted the extension.

At the same time, the judge also directed the farmers and government agencies to have a meaningful discussion for the matter to be settled amicably.

If not, the state exco in charge of land and the Perak state secretary should oversee on resolving the problems, the panel suggested.

“If it is not resolved, then all of you can come to court,” said Justice Zawawi, who sat with Justice Vernon Ong and Justice Abdul Rahman Sebli.

The farmers, who are occupying 20 acres of the land in Sungai Siput were present, along with their parliamentarian Dr Jeyakumar Devaraj of Parti Sosialis Malaysia (PSM).

They were represented by lawyer Ambiga Sreenevasan (photo), while assistant Perak legal adviser Teoh Chin Chong appeared for the respondents.

The farmers and cowherds have been occupying the government land for two to 17 years and on April 13 last year they received a notice to vacate their land within two weeks. Failure to do so could cause them to be fined RM10,000 or jailed for one year.

They were asked to vacate the land to make way for the construction of a religious school.

They have invested by building water pipes and put in fertilisers.

One of the farmers wrote to the District Office and two representatives met with the assistant district officer to apply for the withdrawal of the eviction notice, or to be given replacement land, or for the site for the construction of the school to be shifted to an estate.

The officer promised to get back to them but has not done so.

Encroached and destroyed farm

On July 14 last year, the farmers filed an application for judicial review, naming the Perak Land and Mines Department, Sungai Siput District Office and the Perak government as respondents.

After granting them leave on Dec 3, last year, the High Court in Taiping on April 13 this year dismissed their application.

They filed the necessary papers to appeal on April 18, and on April 28 the stay of proceedings hearing at the Taiping High Court commenced.

On May 5, the judge did not grant a stay and by the next day enforcement officers from the Land and Mines Department, the Kuala Kangsar district council, Public Works Department, Rela and police encroached and destroyed a farm at 8am.

On May 6, Ambiga filed for a stay and on May 9, the court proposed that all the parties meet to resolve the situation and a stay was granted until today.

Jeyakumar said the farmers wanted to move out but had applied for an extension and wondered why the state government would not help them find another land.

The MP said that apart from the nine farmers, there are 25 other areas in Perak, with some 1,000 farmers similarly affected.

“They are farmers and provide food security for the country and the state should use its diligence in resolving this problem. They have applied for the land but it was rejected,” Jeyakumar said.

He also proposed an amendment to the National Land Code, where Section 214B can be added to look after the welfare of farmers occupying state land, such as in situation like this.

“Some of them have their had grandfathers farm on this land and they are passing the trade to their children. Therefore, the state should consider allowing them to continue farming foodcrops, or help find another place for them,” Jeyakumar added.