12//206  Lahad Datu (Daily Express)  -  Original smallholders of the Silabukan Smallholders' Oil-Palm Scheme here are up in arms against Borneo Samudera Sdn Bhd (BSSB) over the alleged transfer of their Native Title (NT) land to a third party without their knowledge, although a joint venture (JV) agreement was supposed to have been in place.

BSSB is a wholly-owned subsidiary of Sawit Kinabalu Berhad.

They are clamouring for the return of their land lots plus the titles and have asked Parti Keadilan Rakyat (PKR) Sabah Public Complaints Bureau Chief, Christina Liew to take BSSB to court.

Based on records, of the 166 original smallholders, 84 had their titles transferred to the names of new owners (without smallholders' knowledge), 64 titles are not registered while the remaining 18 titles are intact and have not been transferred.

However, those present said they have never seen their land titles, other than letters of offer, and neither were they given share certificates.

Each of the landless smallholding families was given 15 acres for oil-palm cultivation in the eighties during the Berjaya era. Letters of offer for alienation of the said land or titles in the smallholders' names were issued by the Land and Survey Office between 1993 and 1997.

Over 100 smallholders staged a peaceful protest with placards at Liew's Office, here, Saturday, witnessed by members of the media.

Among the contents of the placards were Bantahan Ahli Pekebun Kecil Skim Silabukan Lahad Datu (Protest from Lahad Datu Silabukan Scheme Smallholders), Usahasama Dengan ang Merugikan, Di Mana Tanah kami?

Pulangkan Hak Kami (Joint Venture withšhat is Losing, Where is our land? Give us back our rights), Jangan Tindas Kami (Don't Victimise Us), and Masih Adakah Belas Kasihan, Jangan Rampas Milik Kami, Kembalikan Pada Kami (Is there any more pity? Don't rob our property, Return to us).

"We have been short-changed, we have been taken for a ride by Borneo Samudera. We have unwittingly lost our land because Borneo Samudera played us out by violating the terms and conditions of our JV agreement "We never signed any Memorandum of Transfer (MOT) to give away our land to a third party. How can we do that when the land was given to us by the Berjaya Government and we have rights over the land?" they asked.

When interviewed by reporters on the so-called JV agreement with BSSB, most of the smallholders including the men could only answer "Kami tidak tahu, kami sain buta (We don't know, we signed blindly)."

They have absolutely no idea of it, let alone know that they had unknowingly given the power of attorney (PA) to someone in respect of matters related to the land lots. Copies of documents dated March 7, 1998 and June 2, 1998 and furnished to reporters showed that the name of one particular company (initially inserted) had been deleted in favour of a woman from Penampang.

The PA states that the woman mentioned was appointed to, among others, apply to and obtain from the relevant authorities for permission to transfer the said Land to whosoever as the Attorney may direct and on such term or terms as the Attorney thinks fit.

On Saturday, the smallholders signed a statutory declaration to say that they had not signed the Memorandum of Transfer (MOT) of their land lots.

Based on Liew's findings, 166 smallholders entered into a JV agreement with BSSB on Oct. 31, 1998. In addition, they executed a Power of Attorney (PA) to BSSB on April 4, 1999 to act on their behalf in handling matters pertaining to the JV development of their land.

Clause 28 of the agreement required the smallholders to surrender their respective letters of offer or land titles to the Director of Lands and Surveys for revocation of their individual names for the purpose of changing the name to that of a JV company. It was reportedly set up by BSSB with the objective of developing the land concerned.

Upon signing of the JV agreement, each of the smallholders was to be given a consideration sum of RM500. A further RM500 would be given upon completion of legal documentation and issuance of the letter of offer (land) in the name of the JV company.

Subsequently, BSSB took possession of the said land and developed it into an oil-palm plantation in accordance with Clause 29 of the JV agreement.

"On paper, the smallholders were promised shares in the JV company with a total shareholding of 27.6 per cent and BSSB 72.4 per cent.

"Going by the terms and conditions of the agreement, the smallholders must refund the RM1,000 to BSSB while the letters of offer or land titles must be returned to the smallholders in the event the agreement is terminated or unenforceable," Liew pointed out.

However, she said this has not materialized as their land lots have been transferred to new owners (unknown to the smallholders) through the PA given to the woman named.

Last Sunday (Feb 5), when 83 smallholders were asked to verify their signatures or thumbprints as indicated in the MOT, almost half claimed that they did not do so. The rest recognised their signatures but claimed that they did not know they were signing a MOT for the transfer of their land.