Chapter 2

LITERATURE REVIEW

2.1 Introduction

This chapter discusses on several footings and nomenclature which describe the significance of homesteaders. All definition quoted from several beginnings which had been cited as referred. The intent of this chapter is to supply a item account on the significance of crouching which is used as the representation of the homesteader houses and easy to find the homesteader houses.

There are several footings specifying homesteaders all over the universe. By certain state, homesteaders can be classified into two instances which is busying and empty houses illicitly while the householder are non around and raising any construction on the authoritiess or private lands illicitly. English jurisprudence does non advert that homesteaders are condemnable but as a civil job. English jurisprudence stated that homesteader as a intruder and ever originate an resistance on the right towards the belongings. Lord Denning ( 1973 ) in the instance of a McPhail V individual unknown mentioned that homesteaders as individuals who have no right but come ining the house or abandoned land with the purpose to busy it every bit long as they can. They will give a ground that they have no house or land and the stated belongings they occupied was left vacant. But that entreaty will non effects to the statute law. Some homesteader even said that they occupied abandoned land or belongings to populate and it is a necessity for every homo to hold a topographic point to populate. The homesteaders have the same rights like other people. They can non be evicted without the proprietor transporting out the certain civil legal actions.

Different with the western state, homesteaders in Malaysia are considered as illegal and no ordinance in Malaysia mentioned that the homesteaders have a right to the land or belongings that they occupied for.

2.2 Definitions of Squatters

Definition of crouching or homesteaders can be divided into two footings which are general footings and legal term. ( Abdul Aziz, 2007 ) .

2.2.1 General Term

Harmonizing to Oxford Advanced Learner ‘s Dictionary ( Sixth Edition, 2000 ) , the “ homesteader ” is a individual who lives in the edifice or occupy public land, particularly land without permission and without paying rent.

2.2.2 Legal Term

Section 48 of the National Land Code ( NLC ) stated that “ no authorities land retentions can be obtained, unauthorised business or business under any licence for every bit long as even ” .

The inexplicit significance of the National Land Code ( NLC ) is no rights on land business or land developing the land in any sort of development will be given to any homesteaders.

The national land codification is the lone statute law which straight impacting the homesteaders rights and in subdivision 425 of NLC reference about the trespass evenness ‘ on occupied authorities land or build any edifices on it and the other activities listed.

Ali CJ in Teh Bee V K. Maruthamuthu [ 1977 ] 2 MLJ 77. In this instance, a impermanent business licence holder who has no land ownership blessing has been considered as a intruder. While in the instance of Mohamad Sidek bin Hj & A ; 461 others 5 State Government & A ; Ors, a sum of 37 plaintiff in errors, came to Telok Anson and cut the woods country. After being occupied for long, the province authorities had to split the country into four parts, due to the uncontrolled business. Appellant, who failed to acquire a portion in tonss, filed a writ of claiming ownership rights over the batch that they originally venture and had lived for a long clip. Because of their homesteader position, the justice held that “ with the position as homesteaders, the plaintiff in error is non entitled to subject a claim on authorities land ” ( Salleh Buang, 2007, Malaysian Torrens System, )

Regulation Of Should Provision ( Cleaning Squatters ) 1969

“ Squatter hut ” means any house, bungalow, barn, stables, sunshades, brooding topographic point, roofed enclosure or any extension or edifice attached to a edifice or other construction made aˆ‹aˆ‹of any stuff and whether are used as human brooding or otherwise which have been built or are presently under building in any manner other than in conformity with programs approved by a local authorization or regard of a licence issued by the governments has been cancelled, withdrawn or termination and which are erected on any land.

The instance of ; Shamsudin bin Che Mat and 11 people vs. Mayor of Kuala Lumpur metropolis hall ( 2000 ) was associate to the homesteaders which raising the house on the authorities land and without the planning blessing from the province authorization. With the power given under Regulation of Should Provision ( Cleaning Squatters ) 1969, Kuala Lumpur City Council has issued a notice to resign the land on which they occupied. Plaintiff has challenged the notice. However, the tribunal has decided that the homesteaders are intruders on authorities land and a misdemeanor of subdivision 425 National Land Code apart from perpetrating an offense under subdivision 70 ( 1 ) the of the Street, Drainage And Buildings Act, 1974, without the anterior written blessing from local governments.

The Street, Drainage and Building Act 1974 has provided the specification about the homesteaders in subdivision 70 ( 1 ) , 70A ( 1 ) and 72. Section 70 ( 1 ) for case provinces that “ No individual may raise a edifice without the anterior written permission from the local authorization ” clearly stated that set up or construct a edifice without permission is prohibited

Housing Act, ( 1930 ) has defined homesteaders as ; “ The country which are, morbid and unsafe. The state of affairs exacerbated with the joging sewerage system and sanitation which endangering wellness ”

The words of “ homesteaders ‘ colony ” can be easy described as an country which had been developed by homesteader settlements without any permission or blessing from the belongings or land by raising any structural signifier which enclosed with roof to supply any human activity inside it. The construction can be a new constructed or extension of the bing edifice.

While from all description quoted, the words “ homesteader ” can besides be defined as a individual who occupied the houses or any sort of construction which had been built on a land without any permission from the authorities or land proprietor. They do n’t hold any right to make any sort of activities on the land that they occupied.

Abrams ( 1966 ) declared that homesteaders can be classified into five chief classs which is ;

Tenant homesteader

By and large, they consist of the poorest homesteader category where they rent a homesteader house with the hope will hold their ain homesteader house in the hereafter

Owned homesteaders

Their ain houses erected on any vacant land which they can happen without sing the land proprietor or the location of the land.

Insists homesteaders

Legitimate renters who were no longer pay the rent. Landowners were afraid to take them from the land

Squatters landlord

Consist of the old homesteaders ‘ house, homesteaders ‘ room, hut or brooding which rented to others

Speculator homesteaders

They make chunky colonies as a profitable concern. They become homesteaders with the high outlooks that the authorities or the landlord will pay them with the satisfaction compensation sum before they move out of the country. After receive, the compensation, they frequently move to another country which define planned for future development and the procedure will continuously go on.

There are besides “ business homesteaders ” which build stables on others land and sell retail concern without a licence and without paying revenue enhancements.

2.3 History of Squatter in Malaysia

Abdul Aziz Husin ( 2007 ) stated that the homesteaders in Malaysia are caused by the migration from rural to urban country. The rapid development procedure in the state had attractive peoples to migrate to major metropoliss such as Kuala Lumpur, Penang, Johor Bharu and Ipoh. While ( Sen. 1979 ) mentioned that the migration from rural country are caused by low productiveness in the agricultural sector, deficiency of employment chances, security jobs and deficiency of basic comfortss. In Kuala Lumpur, Ishak ( 1979 ) declared that the homesteader colony existed since its gap as the Sn excavation country during the center of 19-century. The excavation workers from China had erected their ain houses at the unfastened infinites near to the working country.

Ishak, once more stated that the early railroad building besides had causes to the part of homesteader colonies. The beginning of new economic policy in the twelvemonth 1979 which encouraged the Malay population migrating to metropoliss to equilibrate racial composing in this state at that clip besides contribute to the being of homesteader colonies in major metropoliss such as Kuala Lumpur and Ipoh ( Mohd Razali, 1994 ) . Mohd Razali ( 1992 ) besides states that the being of a new small town has been introduced by the British to command the Communist menace in the Malayan Emergency, 1948 besides contributed to the addition in slum population, which already reaches about 600 small towns.

2.4 Squatters in Sarawak

Lapp as in other provinces in Malaysia, the growing of homesteaders in Sarawak is due to migration from rural to urban countries for occupation chances. Economic instability caused by the deficiency of productiveness of agribusiness led most of the rural population migrated to work in the metropolis. Most homesteaders in Sarawak found in a major metropolis like Miri, Bintulu, Kuching and Sibu. The demands of employment in several sectors such as agribusiness, piscary, logging, excavation and transportation has arisen the figure of migration from rural to urban due to rapid development in the state. Based on population estimated by the administrative division of Sarawak on twelvemonth 2008 mentioned that the entire population in Sarawak are 2, 452,400 were recorded in Kuching ( 28.07 % ) , Miri ( 14.60 % ) , Sibu ( 11.85 % ) and Bintulu ( 8.77 % ) . The deficiency of lodging provided to countervail the lodging demand for the low- income earner had caused them to make up one’s mind to remain in the homesteaders ‘ colony country to avoid revenue enhancements and the care fee. However the Numberss of homesteaders in Sarawak had reduced since the authorities introduced the low-priced lodging plan. Based on the statistic provided by Sarawak land and study section, the figure of homesteader houses reduces from 9641houses in twelvemonth 2005 to 7901 houses in the twelvemonth 2010.

However it had increased to 10, 000 houses in the twelvemonth 2011 due to rapid development in the province particularly in the major metropolis likes Miri ( 4,000 ) , Bintulu ( 3,000 ) , Kuching ( 1000 ) and a little figure of the other topographic points ( Sarawak Housing Minister, Datuk Amar Abang Johari Tun Abang Openg ) . A bulk of homesteaders in Sarawak are Ibans so follows by other ethnics due to high migration from Ibans ethnics ( Sarawak Social Development and Urbanisation Minister Dato Sri William Mawan ) . Due to the increasing figure of homesteaders in twelvemonth 2011, Sarawak authorities is committed to cut down by supplying more low-cost houses in the province. “ All these steps are meant to assist the people to hold their ain houses, and hence solve the job of homesteaders in the metropolis countries ” ( Datuk Amar Abang Johari Tun Abang Openg ) . Apart from supplying lodging to people, other enterprises are being done by the Sarawak province authorities in order to accomplish the mark of “ nothing homesteaders ”

Sarawak

old ages

2005

2006

2007

2008

2009

2010

Nos. of homesteader house

9641

9618

9325

9125

8534

7910

Figure 2.1: The Statistic of Squatter Houses in Sarawak ( Sarawak Land and Survey Department, 2011 )

2.5 Measures to Get the better of the Squatters Problem in Sarawak.

As an obstruction to the state development, assorted steps have been taken by the authorities in order to turn to the homesteader job, including the option to guarantee local people ability to have a house, such as.

Integrated Housing Program

PPR enhanced in the 7th Malaysia Plan following the determination of the National Economic Action Council in December 1998 to be implemented instantly to bring forth economic growing through building activity, peculiarly in the development of low cost lodging and supply lodging for rent to a homesteader as a go oning job resolution of homesteader colonies and lodging in the Federal Territory of Kuala Lumpur and other major metropoliss towards the accomplishment of nothing homesteaders.

Resettlement Plan

Under this strategy, SPPS Construction Sdn. Bhd. is assigned to supply places in the country provided by the authorities to relocate the occupants whose land are involved in the development program.

Set up a Mortgage and Financing Unit

The intent of this mortgage financing unit is to supply such services as to enable possible house purchasers whose names were blacklisted by commercial Bankss to buy houses.

Constructing Low-Cost Homes

Low cost place divided into four types which are ;

Low-cost Housing Program

Peoples Housing Plan

Peoples Friendly Housing

Longhouse Loan Scheme

2.5.4 ( a ) Low-cost Housing Program ( RMM )

Low-cost lodging plan is a lodging plan provided by authorities by building a assorted low-priced house manner from 2nd- 8th Malayan program

Figure 2.2 Low-cost lodging plans ( Beginning: Sarawak Housing Development Corporation, 2012 )

2.5.4 ( B ) People ‘s House Program ( Rental Flats ) – ( PPR )

Federal Government Program undertaken by the National Housing Department to run into the aim as transitional lodging to accomplish “ nothing homesteaders ” . The house provided for low monetary values monthly lease.

Figure 2.3. Peopless Housing Program, Sri Wangi

Figure 2.4. Peopless Housing Program, Batu 5

2.5.4 ( degree Celsius ) People ‘s Friendly Housing ( PMR )

Peopless friendly lodging is a particular plan implemented in Sarawak through Syarikat Perumahan Negara Berhad, which formed by Federal Ministry of Finance with the purpose to help hapless husbandman, fisherman and villager with proper lodging. It divided into two strategies which were ;

Village extension strategy

Individual strategy

Village extension strategy

The authorities developed a new colony country at the province land to supply a lodging strategy and resettle the selected hapless peoples to these houses

Figure 2.5. Taman Mesra Bako

Individual strategy

In this strategy, the selected hapless peoples from all over Sarawak will be chosen and the house will be built for them at the same country with their bing houses.

Figure 2.6. Peoples ‘s Friendly Housing, Kampung Kudei Baru

2.5.4 ( vitamin D ) Longhouse Loan Scheme ( PPRP )

Longhouse Loan Scheme is a particular loan given to the longhouses occupants for redevelopment of single units or for the intent of constructing new longhouses ( particularly in the instance of fire ) which has been implemented by HDC since 1976. Apart from supplying a occupation chance at the rural country, this is the alternate to guarantee the decrease on migration to the urban country.

Figure 2.7. Isa Longhouse, Saratok

The chief thought of supplying lodging plan is to give the chance to peoples to hold better houses, provided with to the full necessity, adjustment and wellness environment

Rising peoples populating criterion

Besides supplying a lodging strategy, the authorities besides takes the option that aims to increase people populating criterions such as supplying an employment chance. The authorities through several sections has besides conducted the industrial preparation, means to increase peoples accomplishments to guarantee peoples more competitory in plants. Among the option are as such follow ;

Sarawak Corridor of Renewable Energy ( SCORE )

SCORE is a major enterprise commenced to develop the province Central Region and transformed into a developed State. It aims to speed up the State ‘s economic growing and development by supplying employment chance, every bit good as bettering the quality of life for the people of Sarawak.

Malaysia Trustee Endeavours ( AIM )

The construct of this plan provides capital loans to people whom intend to go enterprisers every bit good as provide preparation accomplishments to get down a concern. Besides that, the loans were besides given as aid and besides assistance to do place and schooling disbursals

Hardcore Poor Development Programs ( PPRT )

Malaysians Monthly income which below the poorness degree have been categorized as hardcore hapless and a particular aid plan, known as Hardcore Poor Development Programs ( PPRT ) was established by the authorities since 1989

Skills Education ( KEMAS )

This plan aims to promote community engagement in assorted accomplishments such as handcrafts, nutrient processing and others to assist to increase the income so as non excessively reliant on authorities assistance.

Poor Students Trust Fund ( KWAPM )

This plan was introduced to supply aid to hapless pupils bead out within for the intent of turning away of instruction and aid in cut downing poorness in the hereafter

Provision of Agricultural Market

The intent of supplying an agricultural market is to let the communities to sell their ain agricultural merchandise such as vegetable, trade, french friess, domestic fowl, fish etc.

Transformation in the Agriculture and Agro-Based Industry

This programme was introduced by the Ministry of Agriculture and Agro-Based Industry Malaysia for the intent of Increase the state ‘s nutrient security through the transmutation of agricultural modus operandi that are commercial oriented, better productiveness and fight of the agricultural sector through engineering transportation, narrow the linkages between the agribusiness and other sectors and set up new beginnings of natural resource to utilize and preservation of wetlands. ( Ministry of Agriculture and Agro-Based Industry Malaysia,2012 )

Giving Lectures on Health and Safety among homesteaders Residents

The Sarawak authorities had organized many plans which related to use the construct of harmonious metropoliss across Sarawak such as the Environment and Public Health conference, etc.

Introducing Sejahtera Task Force ( STF )

STF includes three chief maps of eliminating poorness by increasing household income, overcome the job of malnutrition and better the mark group kids ‘s educational position. ( hypertext transfer protocol: //mstar.com.my,2010 )

2.6 Enforcement used in chunky solution

Action taken in work outing the homesteaders ‘ colony job in Sarawak normally conducted through several sections such as province authorization, section of land and study, Customs and Immigration Complex. Among the enforcement activities are such as ;

2.6.1 Demolition of Existing Squatter Houses

After the homesteaders being moved to the resettlement country, the province authorization will pulverize the homesteader houses and clear all the country including cleaning plants to supply a clean environment in the urban country.

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Figure 2.8. Squatters ‘ houses demolition in Miri

Monitor the Admission of Illegal Immigrants

Assorted steps have been taken by the authorities to command the entry of aliens into our state. The latest is via the debut of Entire Solutions Programs against Illegal Immigrants ( PATI ) which force on July 11, 2011 besides known as 6P plan. 6P plans involve six phases which were ; enrollment, whitening, forgiveness, Monitoring, Enforcement and exile and presenting Biometric system for aliens to Malaysia. This system was introduced to supervise the entry of aliens in and out of the state. Besides that, it serves to forestall illegal immigrants from perpetrating offenses like human trafficking, smuggling and so forth.

( Ministry Of Home Affairs, 2012 )

Figure 2.6 Customss and Immigration Complex ( CIQ ) , Biawak, Lundu,