Tuesday, May 07, 2019

'DISCORD DUE TO ATTEMPTS TO ASSERT RULE OF LAW’, New Straits Times, 7 May 2019


New Straits Times

THE ongoing discord between Putrajaya and the Johor royal household, with the latest friction stemming from the land ownership dispute in Bukit Chagar, is due to attempts to assert the rule of law, say experts.
Verbal jousting between Prime Minister Tun Dr Mahathir Mohamad and Johor Crown Prince Tunku Ismail Sultan Ibrahim appear subsidiary, but their recent controversy involving the 4.5ha Bukit Chagar plot of land and Rapid Transit System (RTS) suggested a bigger picture at play relating to the feud.
Several quarters, for instance, have raised questions on how the land ended up under the ruler’s name, despite being said to be originally owned by the federal government prior to the RTS project realignment back in 2017.
National Human Rights Society (Hakam) president and former Universiti Malaya law lecturer Dr Gurdial Singh Nijar said the issue stemmed from a dispute that could be easily resolved if the rule of law was upheld.
“It’s a very straightforward issue of what is right and what is wrong with the alienation of the plot of land.
“Find out when the land was alienated. We need to get the facts right.
“The rule of law stands whether or not it was federal land, and regardless if it was rightly or wrongly given to the Sultan of Johor (Sultan Ibrahim Sultan
Iskandar). If it was wrongly given to the sultan, then the land needs to be reverted to its owner.”
Gurdial said the ownership of the disputed land could also be resolved through legal redress, if a need for it arises.
“Normally, a person could go to court and this person, if he is in the right, can have the other party’s stake over the land be declared void.
“They can look at records of whom the land belongs to and who is entitled to it. This will mean that the alienation of land was wrong,” said Gurdial.
He said despite the latest round of animosity between Dr Mahathir and Tunku Ismail, such public feuds had no legal bearing on the ownership of the disputed plot of land.
“It does seem that there is bickering between the two sides. These are the kind of things that arise because people are claiming their right in a situation, which is quite easy to clarify.
“This is not about Tun Dr Mahathir or the sultan of Johor saying what is right or wrong. Even if there were different circumstances in the past on how the land allegedly changed ownership, that is extraneous in this matter.”
Dr Mahathir yesterday described Tunku Ismail’s recent outburst over his father’s unpublicised contributions to the people as something coming from a “little boy” who “did not know what was happening”.
The prince’s remarks followed the federal government’s claim to the plot of federal land in Bukit Chagar, the ownership of which was said to have been transferred to Sultan Ibrahim.
The disputed land was previously earmarked for the development of the RTS linking Johor Baru and Singapore.
Meanwhile, analyst Professor Sivamurugan Pandian said it would be beneficial for both Dr Mahathir and members of Johor’s royal family to iron out disagreements with each other privately. He said this should be done to respect both sides’ opinions, and to effectively resolve the matter as it involved many legal implications.
“The prime minister has always been consistent on applying the rule of law and he also mentioned several times that he will uphold the Federal Constitution for all.
“However, the discord between Putrajaya and Johor has been there for months and a closeddoor discussion should be held soon to avoid further misunderstanding as it will not benefit both, federal and the state governments, in the process to apply the rule of law,” said Sivamurugan.

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