Malay reserve land proposal long overdue
Fauwaz Abdul AzizPublished: Aug 25, 2004 5:31 PM | Updated: Jan 29, 2008 6:21 PM
A government initiative to free up Malay reserve land for development is long overdue, said a property agent supportive of a proposal to allow non-Malays to lease such land for a maximum 60-year period.
A government initiative to free up Malay reserve land for development is long overdue, said a property agent supportive of a proposal to allow non-Malays to lease such land for a maximum 60-year period.
Ahmad Khuzairi Hashim, a property agent with Syahirah Development Sdn Bhd, said small- and medium-size companies are currently unable to develop reserve land because they do not have financial backing or the co-operation of government agencies.
"Often, when we plan a project, we reach a dead end in dealing with Selangor Water Management Board, Tenaga Nasional Bhd, or Public Works Department, all of which say they cannot install utility pipes or lines," he said when contacted.
"It is also difficult to get loans from financial institutions. Banks don't generally give loans for developing projects, particularly on reserve land."
Khuzairi, however, said the proposal should not mean that large companies with strong finances should be allowed to rush into developing the land.
"It is sad and wasteful that such land is not being utilised because Malay reserve land is valuable. Of course, larger companies can always develop the land because they have the capital."
Yesterday, Malay-interests organisation Teras said government agencies had failed to help develop Malay reserve land.
Narrow definition
The problem is aggravated in part by the failure of state authorities to refine the laws in tandem with legal developments at the federal level, said constitutional expert and academician Prof Dr Shad Faruqi of Universiti Teknologi Mara.
He said certain pre-Independence enactments relating to Malay reserve lands contain prohibitions based on strict province-based definitions on who is a Malay.
"The pre-Merdeka state enactments (pertaining to Malay reserve land) do not take note of the Federal Constitution as their definitions have not been modified (accordingly)," he said when contacted.
Apart from contravening the more comprehensive definition of Malay as given in the Federal Constitution, this has also led to reserve land lying idle because Malays from another state are not 'legally eligible' to own such land.
This may have resulted in the suppression of the land value, not just of the Malay reserves but of all property in the country generally, he said.
"Here's a situation where economic realities come face to face with nationalistic objectives. The proposal (to lease to non-Malays) holds a lot of political significance because these lands now acquire more liquidity and, thus, marketability," Shad said.
He reiterated, however, the call for prudence so as to ensure that a land grab by larger companies does not occur at the expense of social justice.
This would mean that statutory bodies should quickly get involved to play a supporting role in administering the reserve land.
"(The proposal) doesn't necessarily mean the land will fall out of the hands of Malays. However, a special body should be set up to administer the land," he added.
Ahmad Khuzairi Hashim, a property agent with Syahirah Development Sdn Bhd, said small- and medium-size companies are currently unable to develop reserve land because they do not have financial backing or the co-operation of government agencies.
"Often, when we plan a project, we reach a dead end in dealing with Selangor Water Management Board, Tenaga Nasional Bhd, or Public Works Department, all of which say they cannot install utility pipes or lines," he said when contacted.
"It is also difficult to get loans from financial institutions. Banks don't generally give loans for developing projects, particularly on reserve land." Khuzairi, however, said the proposal should not mean that large companies with strong finances should be allowed to rush into developing the land.
"It is sad and wasteful that such land is not being utilised because Malay reserve land is valuable. Of course, larger companies can always develop the land because they have the capital."
Yesterday, Malay-interests organisation Teras said government agencies had failed to help develop Malay reserve land.
Narrow definition
The problem is aggravated in part by the failure of state authorities to refine the laws in tandem with legal developments at the federal level, said constitutional expert and academician Prof Dr Shad Faruqi of Universiti Teknologi Mara.
He said certain pre-Independence enactments relating to Malay reserve lands contain prohibitions based on strict province-based definitions on who is a Malay.
"The pre-Merdeka state enactments (pertaining to Malay reserve land) do not take note of the Federal Constitution as their definitions have not been modified (accordingly)," he said when contacted.
Apart from contravening the more comprehensive definition of Malay as given in the Federal Constitution, this has also led to reserve land lying idle because Malays from another state are not 'legally eligible' to own such land.
This may have resulted in the suppression of the land value, not just of the Malay reserves but of all property in the country generally, he said.
"Here's a situation where economic realities come face to face with nationalistic objectives. The proposal (to lease to non-Malays) holds a lot of political significance because these lands now acquire more liquidity and, thus, marketability," Shad said.
He reiterated, however, the call for prudence so as to ensure that a land grab by larger companies does not occur at the expense of social justice.
This would mean that statutory bodies should quickly get involved to play a supporting role in administering the reserve land.
"(The proposal) doesn't necessarily mean the land will fall out of the hands of Malays. However, a special body should be set up to administer the land," he added.
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