KOTA KINABALU : The Sabah
Bugis Community Association denied any involvement in the issuance of Malaysian
identity cards (ICs) to foreigners who came to Sabah illegally.
Its President Datuk Osman
bin Jamal said the association has also never created forms to assist them to
apply for the ICs and become citizens.
Testifying as the 59th
witness in the Royal Commission Inquiry (RCI) hearing, he said many allegations
and claims were hurled at the association that was formerly known as Sabah
Bugis Welfare Association in the newspapers, blogs and portals.
Conducting Officer Jamil
Aripin asked the witness whether forms from the association had been abused to
apply for ICs for the Bugis people.
"I had read about such
allegations and we had seen the form that looked odd but in fact, the
association never issued such forms.
"Our secretary has
taken action and lodged a report at the Karamunsing police station here on the
existence of the forms," he said, adding that only Malaysians are eligible
to be members of the association and priority is given to Bugis.
On whether there are any
association members involved in helping foreigners obtain identification
documents like birth certificates and ICs, Osman said he read in the newspapers
about a head of the Bugis Association in Tawau, Samsul Alang and its former
president Pandy Bandu Pilow, who were involved in the issuance of ICs to
foreigners.
He said both were detained
under the Internal Security Act (ISA).
Osman reiterated that the
forms were produced by the two concerned and not the association.
He said the association was
also alleged to have planned for foreigners to get ICs for the Likas
constituency, which was not true.
He lamented that the
association was not given the right to be heard to answer that particular
allegation at that time.
Osman, who is also Sabah
Land and Survey Director, said the Land and Survey Department under him had
never issued any land title to foreigners.
Jamil also asked if there
has been any encroachment of land by foreigners to which the witness replied
the department, in the event, would dispatch its enforcement to investigate
such complaints and work together with local authorities to take action against
the intruders, including demolishing illegal structures.
He said the department needs
a court order to demolish any physical structure on land that was encroached by
intruders.
To a question by a counsel
holding a watching brief for the Sabah Law Association (SLA), Osman said the
department does not process land applications based on the person's race as
long as the applicants are Malaysians with IC code 12 for those born in Sabah
and not 71 which indicates Malaysians born outside Sabah.
He said the department does
not verify ICs and documents of the land applicants as it receives between
35,000 and 36,000 land applications in a year.
Unless there are complaints
about the concerned land applicants, then investigation will be carried out to
address the matter.
OSMAN said there were Bugis
who possessed the Native Certificate produced prior to April 22, 1982 when the
then Local Government and Housing Ministry froze the issuance of the document
and that those produced after the period are not valid.
He said not only the Bugis
with Native Certificates are facing problems with passing on their inheritance
to their heirs but also the KadazanDusun and Sino Kadazans.
"We received many
complaints from the KadazanDusun including Sino Kadazan where they could not
transfer Native Title lands to their children who do not have Native
Certificates.
"Hence, I think the
time has come for the Government to re-look into the freeze on the Native
Certificate," said Osman whose parents were from Sulawesi and came to
Sabah to work in plantations in the 1950s and were offered citizenship by the
ruling government following independence in 1963.
To a question on whether
Bugis are recognised as natives of Sabah, Osman said the community comes under
Section 2(1)(d) for Interpretation of Native of the Sabah Ordinance Cap 64.
He said the particular
provision states that any person who is ordinarily resident in Sabah, is a
member of a people indigenous to the Republic of Indonesia or the Sulu group of
islanders in the Philippine Archipelago or the States of Malaya or the Republic
of Singapore, has lived as and been a member of a native community for a
continuous period of five years preceding the date of his claim to be a native,
has borne a good character throughout the period and whose stay in Sabah is not
limited under any of the provisions of the Immigration Act 1959/63.
Based on books written by
various credible authors, Osman said the North Borneo Chartered Company had
appointed a man from the Bugis community to be the headman of a village in
Tawau and the community had developed Tawau in the 1880s.
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