Two days ago, Shanty Chong, who will contest the Sandakan parliamentary seat on the DAP ticket, was the lawyer who filed legal proceedings in the Tawau High Court over 856,484 acres of land promised to Sabahans but alienated to outsiders.
Shanty is the lawyer for the class action on behalf of three plaintiffs, Nasir Manaf and Wong Chaw Yen of Lahad Datu and Henry Apok from Menggatal.
Ex-PBS Cabinet sued
Daily Express
20 February, 2008Tawau: Three land applicants filed a suit Tuesday against the entire State Cabinet Ministers under the tenure of the Parti Bersatu Sabah (PBS) Government (1985-1994).
The suit filed in the Tawau High Court registry was in connection with a New Land Alienation Policy (Smallholders Scheme) which was introduced by the then Berjaya Govenrment on Dec. 4, 1979.
The three plaintiffs claimed that when PBS came to power, the then Chief Minister Datuk Seri Joseph Pairin Kitingan (first defendant) and his eight Cabinet Ministers failed to implement the promised policy.
Three of them – Pairin, Dompok and Kurup are presidents of PBS, Upko and PBRS parties respectively while most of the others no longer hold key political positions.
Pairin is a Deputy Chief Minister-cum-ural Development Minister in the current State Government while Dompok is a Minister in the Prime Minister’s Department. Kurup is chairman of SLDB, a government agency.
The plaintiffs Nasir Manaf and Wong Chaw Yen of Lahad Datu and Henry Apok from Menggatal filed their writ of summons through the legal firm of Messrs Chee & Co of Tawau.
The other named as second to ninth defendants are Tan Sri Bernard Dompok, Tan Sri Joseph Kurup, Datuk Ahmad Bahrom Abu Bakar Titingan, Datuk Kadoh Agundong, Datuk Tan Kit Sher, Datuk Haji Nahalan Damsal and Datuk Chau Tet On.
In their statement of claim, the plaintiff stated that on Dec. 4, 1979 then Chief Minister Datuk Harris Mohd Salleh announced that the State Government had reserved a total of 906,330 acres of State land for landless Sabahans under a New Land Alienation Policy.
The lands were to be alienated directly or through Government agencies at 15 acres to each landless Sabahan. The landless were invited to register at the nearest Land Office throughout the State. The plaintiffs claimed that they had registered for the lands in the early 1980s and had each waited for the 15 acres land to be given to them as promised.
They claimed that the defendants, who were Ministers in the new PBS State Government that had just toppled Berjaya, had all the authority, power and obligation to fulfill the Berjaya State Government’s contracts and had even from time to time made statements assuring that every Sabahan would be given 15 acres to uplift the standard of living of the rural people.
The plaintiffs claimed that the statements regularly made by those among the defendants were fraudulent because, in fact, the PBS Government headed by Pairin and including the eight other defendants deliberately breached the contract and assurance made in 1979 by the Berjaya Government. The plaintiffs further claimed that the nine defendants had committed fraud by violating and breaching the contract by not giving the lands to the landless, but to outsiders instead.
Further the plaintiffs claimed that one of the defendants had disclosed that out of the 906,330 acres promised by Berjaya Government, 856,484 acres had been alienated to outsiders.
They claimed that the defendant’s statement on this was published in the Daily Express on Dec. 7 and 15, 2005, publication.
The plaintiffs are seeking declarations that the Berjaya Government land policy was a binding contract and agreement between them and the defendants who had inherited the State Government.
They further sought a declaration that whatever subsequent alienation to other party or parties of the said reserved lands which had been promised, committed and reserved for the plaintiffs as landless Sabahans were null and void because of fraud allegedly committed by the defendants.
The plaintiffs now sought the defendants either to given 15 acres each or pay damages for loss of rights and opportunity to own land.
They sought that should the plaintiffs failed to give them 15 acres of land each, they are claiming damages at RM75,000 each from the defendants.