Article Image
Progress Is Being Made Through Mediation Over Tawau Land Dispute

Friday, November, 2, 2012


A civil mediation between 127 Murut families and seven different companies over a land dispute is said to be moving along smoothly and making progress.

Mediation attorney Datuk Kong Hong Ming stated “We are in the process of mediation proceeding under Judicial Commissioner Datuk Douglas Cristo Primus Sikayun and both parties are making good prgress towards the pending settlement.” Ming is representing and defending the 127 Murut families involved in the case.

Mediation Attorney Will Submit Proposals To Court

On October 25th, Kong briefed the families' representatives outside of the court. The judge directed the State Attorney General to act on behalf of the Land and Survey Department and State Government. They are to study and approve the plans that have been submitted by both of the parties so that mediation lawyers can present a proposal and recommendation to the court. The next mediation in this case will be held on January 30th, 2013.

The case heard on October 25th was between plantiffs Usahawan Borneo Sdn Bhd, Elite Acres Sdn Bhd, Eramis Jaya Sdn Bhd, Hantaran Makmur Sdn Bhd, and Pokok Subur Sdn Bhd. These are the companies that have filed suit to obtain control over land that was given title. Villagers counter sued the companies in an attempt to recover 1,381 acres of customary land.

Civil Mediation Proceeding After Both Parties Consent

The defendants claim NCR, Native Customary Rights, over the land in question. In July of 2011, the court threw out an order for possession that was gained by eight companies. A stay of execution of an order that would evict the villagers from the land was granted to the Murut people on July 5th, 2011. The order of possession would have evicted villagers of Kampung Serdong Laut, Sebatik, Tawau if the stay had not been granted.

Sikayun is holding the mediation services so that the parties can come to an agreement regarding the claims, and has done so with the consent of both of the parties involved.