Farmers, ‘football’ and a 30-day notice

There is a group of 11 farmers whom we in the Perak wing of the socialist party PSM refer to as the ‘Footballers’.

They have been growing vegetables on about 24 acres of state land, next to Ulu Kuang road, since before World War Two. At that time, they lived in simple houses on their farms.

In 1950 they, like many other ethnic Chinese market gardeners in Malaya, were forcibly transferred to new barbed-wire encircled ‘new villages’ under the Briggs Plan.

In their case, this was Kampung Baru Tanah Hitam, Chemor, but they were reportedly allowed by the British authorities to continue farming during the daytime.

Independence came, but these farmers were never offered grants or leases, although several of them applied, some repeatedly. It is possible that ethnicity played a part. The government of the day may have believed that too much property in Malaya was in the hands of the Chinese community. It may also have felt that this perceived concentration of economic ownership had to be addressed.

But the authorities did not appear to have asked the farmers to vacate their farms – the area was too remote to be suitable for other economic activities until 2020. The farmers were also providing an essential commodity to the country: fresh vegetables and fruits.

Notices and a court case

In 2019, this group of farmers was shocked and dismayed to receive notices from the Kinta Land Office asking them to vacate within two weeks.

They approached PSM, and we took them to see the land authorities.

We were told the menteri besar had decided to divide this land into housing lots for the Perak football team as a reward for their success in the Malaysian league.

We appealed to the menteri besar.

The menteri besar issued a press statement in July 2019, saying that the state government would provide the affected farmers alternative land on which to continue farming.

However, despite numerous letters and visits to the land office, no formal offer of land was forthcoming.

In 2022, the Kinta Land Office re-issued notices under section 425 of the National Land Code, giving the farmers two weeks to vacate. Anyone convicted could face a fine of up to RM500,000 and/or imprisonment of up to five years.

We had no choice but to take the matter to court. Rabinder Singh kindly agreed to act for us pro bono. We filed a judicial review arguing that, until the state made good its promise of alternative land, the farmers should not be evicted.

The High Court agreed to give and advised the parties involved that the farmers should not be evicted pending the conclusion of the proceedings. Our farmers, the “Footballers”, were able to continue tending their vegetable plots until now.

The offers and its clauses

In 2024, the Kinta Land Office offered them alternative land on the foothills behind the Changkat Kinding New Village.

Although not the most suitable site – it is too hilly for vegetable farming – the farmers were prepared to accept the offer until they saw the written agreement.

This five-page agreement begins promisingly, offering the farmers 30-year leases for a small annual rental.

But clause 2(xii) states that the landowner, PPPNP (the Perak State Agriculture Development Corporation), has the right to dig and remove minerals and sand from the site at any time.

More concerningly, clause 2(xxvii) says that the agreement can be terminated by the landowner on 30 days’ notice at any time, without compensation.

This raises serious concerns. Preparing the land for cultivation will require considerable effort and capital: terraces would have to be prepared, water supply ensured by damming a nearby stream, and pumps and pipes installed to carry water up the slope.

Some crops may take several years to mature before the farmers can begin harvesting the fruit. How can they invest in the land with clauses 2(xii) and 2(xxvii) hanging over them?

To add to their concerns, clause 2(xxii) of the agreement states that the farmers must deal with any “squatters” who may already be on the land being offered to them.

Of course, the farmers were unhappy with these clauses. They have attended meetings with the land office and the PPPNP over the past two years to ask that these clauses be amended.

However, the land office and the PPPNP have not agreed to amend any of the clauses.

Our lawyer has also attended these meetings but has not been able to persuade the authorities to address these concerns.

Amending the clauses mentioned above would not require any financial outlay from the state, and it would make the offer a more realistic and credible one.

The position adopted by the Kinta Land Office and the relevant agency is difficult for the farmers to understand.

The farmers are still trying to meet elected representatives to lobby their case.

It is hoped that the authorities will come to their senses and realise that building a united nation requires more than pious statements at Merdeka Day celebrations. It requires sincerity and, above all, fair treatment of all communities.

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