Malaysia

Bera Orang Asli, land-clearing firm battle it out in court

Elite Agriculture has 99-year lease on plot, but the Semelai say they’ve lived there for more than a century

Updated 5 years ago · Published on 12 Feb 2021 12:00PM

Bera Orang Asli, land-clearing firm battle it out in court
Elite Agriculture has, for years, sought to clear land claimed by Kg Lubuk Perah residents, to make way for oil palm cultivation. – AFP pic, February 12, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – A company tasked with clearing a plot in Bera for oil palm cultivation is facing opposition from Orang Asli, who claim that the area is their customary land.

On October 9 last year, Elite Agriculture Sdn Bhd filed a civil action to obtain repossession of the land.

Based on its affidavit, Sri Jengka Sdn Bhd has rights to the land, and has been given permission to conduct clearing works for the purpose of oil palm cultivation.

In 2015, however, when Elite Agriculture attempted to enter the area, its representatives were “blocked, chased and threatened” by the defendants.

Up till May 2016, several attempts were made by workers to enter, but they were prevented from doing so by villagers.

The company has lodged several police reports on the matter.

Based on the reports attached to the affidavit, the villagers in question are the Orang Asli residents of Kg Lubuk Perah.

Elite Agriculture has a 99-year lease on the land, according to a grant attached to the affidavit.

The defendants’ affidavit-in-reply contains sworn statements by village head Hajemi Din.

“The defendants and their ancestors were born, raised and lived as an Orang Asli community on the 2,214ha land in Kg Lubuk Perah and the surrounding area for six generations, which is more than 100 years.”

Besides their claim that they have customary rights to the land in question, the defendants also said they have the right to roam the area freely, without disturbance by other parties.

Hajemi said the Semelai ethnic group living in the area is recognised by the Orang Asli Development Department (Jakoa), and that his appointment as village head is stated in a letter.

He pointed to a telephone conversation in 2015 with then Pahang menteri besar Datuk Seri Adnan Yaakob, in which the leader confirmed that most of the land belonged to the Orang Asli.

Hajemi said he was informed that only 80.9ha can be cleared, and that the state government will “return” a portion designated as the community’s land.

The plaintiffs, however, said the conversation cited by Hajemi is hearsay.

The Vibes has reached out to Bera Jakoa for clarification, but has yet to receive a response. – The Vibes, February 12, 2021

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