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FOR most residents of Sembulan Lama, their village in the heart of Kota Kinabalu is more than just a home; it is an ancestral land rich in history and cultural heritage.
However, whispers of a reorganisation project called the Sembulan Urban Renewal Scheme on land adjacent to their village have caused unease among the community.
While not opposed to progress, the families of the original settlers, who have occupied the land since World War II, fear they may be forced to move from their ancestral home.
They feel they are fighting a losing battle as the 3.5-acre prime land they wish to have gazetted for their village, and to be issued with a communal land title, has fallen into private hands and aligns with the Sabah government’s plan to end its squatter problems.
Shari Jeffri, a sixth-generation descendant of the founder of Sembulan Lama village, said their ancestral land was first surveyed in 1905 and officially titled in 1916.
“It’s been the place of our families for at least seven generations,” Shari said, adding that the communal title land, known as NT44, signifies the 44 houses of the families that established Sembulan Lama centuries ago.
Shari said the opening of Sembulan dates back to 1788, and he has records, documents, and family heirlooms to prove their existence since the old Brunei kingdom’s reign over most parts of Sabah.
Shari said as the original families of Sembulan Lama grew, land became insufficient, leading them to occupy the 3.5-acre vacant land.
“Families expanded, and the village chief advised us to build on this land, as this was a common practice back then,” Shari said.
Sembulan Lama, however, became a crime hotspot in the mid-80s as migrants began to invade the land during political upheavals in Sabah between the mid-80s and 90s.
This period also marked a dark chapter in Sabah’s history, with racial riots following the election victory of Parti Bersatu Sabah against Berjaya. This led to the entry of Umno into the state and the alleged introduction of the infamous Projek IC.
During the riots in 1985, Sembulan was overrun by illegal immigrants who took refuge on land initially occupied by Sembulan Lama families. Clashes ensued, and Sembulan Lama gained a “black area” status, forcing some residents out of their homes for safety.
Today, the original families of Sembulan Lama claim the migrant population accounts for 70% of the community, compared to the indigenous local families who have lived there for hundreds of years.
Recently, the Sabah cabinet approved a revised version of the Sembulan Urban Renewal Scheme. Sabah Chief Minister Datuk Seri Hajiji Noor said landowners would be allowed to stay once development is completed, with agreed monetary compensation. However, the details of the compensation remain vague.
Shari’s cousin, Sahar Haji Piassin, who moved into the land in the 1980s, witnessed the exponential growth of migrants who eventually overran the original Sembulan Lama residents.
“We applied for the land years ago, but it was rejected. When my family and others learned of this, they were demoralised to apply for the land for themselves,” Sahar said.
Sahar believes the illegal immigrants who occupy the land are now being included in the statistics and appear to enjoy similar rights as the indigenous families.
“Unlike us, they don’t care if they are evicted if they are given the same compensation. They have no right, but it seems all matters are being vetoed by them due to their sheer numbers. Now, the authorities or the government might think we agreed to a relocation or compensation,” he said.
In the past, there were proposals to relocate the migrants to Kampung Maang in Penampang, but this was heavily opposed by the Penampang natives, and the plan never materialised.
Sahar’s primary concern is for his own family, who may have no place to go if the scheme continues.
“Where will they go once the companies planning to develop the area evict us? Talks of compensation have been ongoing, but no settlement has been offered,” Sahar said.
Nurisah Palasin, 54, also a direct descendant of Sembulan’s founder, moved into the controversial parcel in 1979 because her family home had become crowded.
“There were five of us siblings, and all of us started our own families, so we moved to that land. Now, almost all of my children are starting out with their own families. There are 18 people living in my house now,” Nurisah said, lamenting the future of her children who cannot afford their own houses due to the high real estate prices in Kota Kinabalu.
She said there had never been an inquiry by the Land and Survey Department to seek the villagers’ views when companies applied for the land.
Such incidents are common in land grab cases in Sabah, where inhabitants face forced evictions despite laws safeguarding native customary rights (NCR) under the Sabah Land Ordinance (Ca. 68).
Sabah NCR laws recognise any state land cultivated or developed within three years by indigenous communities as NCR, as articulated under Section 15(e) and Section 65 of the ordinance. Section 13 of the ordinance mandates the land office to publish notices for unalienated land and invite claimants to submit complaints for at least 30 days.
“Last year, I met with a representative of a company, and he offered me some compensation. He said I have no choice but to accept it or risk gaining nothing if the matter is brought to court,” Nurisah said. – June 8, 2024.
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