Jeyakumar challenges Perak govt over farmers' eviction explanation
PSM chairperson Dr Michael Jeyakumar Devaraj has taken issue with the claims by the Perak state government, in which they denied that a group of farmers in Kanthan, Tambun is being forcefully evicted as it is being done according to the law.
Jeyakumar disputed the claims by saying that the use of Section 425 of the National Land Code was inappropriate in this instance, as it covers the occupation of state land without permission from the appropriate authorities.
"We disagree with this claim because Section 425 can only be used against trespassers who do not have permission to use government land.
"The farmers have established themselves in this area dating back to 70 years ago and were allowed by the colonial administration and also by the Malaysian government until two weeks ago. Therefore, we have ‘implied consent’,” he explained in a statement.
"We are here with the knowledge and permission of the administrator. Kanthan farmers have been given help by the Department of Agriculture in the form of fertilisers before and the Perak State Development Corporation (PKNP) once offered a lease for the land we worked on in 2012.
"This means that they know we are indeed based here and at that time they wanted to maintain our presence here, so the use of Section 425 against us is lawfully wrong," said the former Sungai Siput MP.
He also mentioned that Section 425 does not give the right for the Perak Land and Mines Office (PTG) to trespass into farmlands, push, injure people and destroy plants.
"Such actions are more the behaviour of gangs, not a prudent administration that respects the people and the laws of the country," he added.
Unsuitable for cultivation
Jeyakumar also questioned the claim that the state government was committed to a Food Security Action Plan in an effort to make the state the hub of national food production.
"In relation to the ‘Food Security Action Plan’ mentioned by the Perak MB (Saarani Mohamad), is he aware that less than 30 percent of the area in the six areas of Permanent Food Production Parks (TKPM) created in Perak since 2010 are being cultivated?
"And more than 50 percent of the cultivated area is planted with palm oil instead of vegetables. The six TKPM areas that were created are not a substitute for the Kanthan area that supplies 60 tonnes of vegetables every day," he said.
He went on to challenge the account that the state government through the Perak State Development Corporation (PKNP) had provided an alternative site in Changkat Kinding that had been gazetted as an agricultural zone, in an attempt to resolve the 11-year-old issue.
"It is true that a group of farmers from the ‘C’ area in Kanthan were taken to visit the resettlement site in Kampung Kolam, Changkat Kinding, in May 2021.
"This site was identified and developed without involving the farmers in the process of determining the replacement site or getting the opinion of the farmers regarding the suitability of the site for vegetable cultivation.
"When the C area farmers were taken for a site visit, they found that the area was hilly and there was no sufficient water source for vegetable cultivation,” Jeyakumar continued in the statement.
"Furthermore, there are several ponds for raising fish in the foothills and the farmers fear that the fertilisers and pesticides commonly used in vegetable cultivation may contaminate these ponds," he added.
According to him, the farmers had highlighted these objections and requested a discussion on it, but that had not been arranged by the PKNP or PTG.
"Until now, no Kanthan farmer has accepted a land lot offer in Changkat Kinding," he claimed.
Assaulted and arrested
Four days ago, the issue went viral when PSM activist Chong Yee Shan was left with a bloodied face after being allegedly shoved by an officer from the PTG near a farm in Kanthan, Tambun.
Jeyakumar, PSM committee member R Karthiges, Perak PSM Youth member P Kesavan, and a farmer identified as Ho Pon Tien, were also arrested for trying to stop the eviction of the farmers.
They have since been released on police bail.
Six farmers - aged between 49 and 56 - then filed a legal challenge, which named the Kinta district and land office administrator, the PKNP, the state land and mines director, as well as the state government as respondents.
They contended that the land has been farmed by their parents and family members continuously since the 1940s during the colonial period until today.
On Thursday, the Ipoh High Court allowed the application for an interim stay over an eviction order against the farmers.
The six farmers’ counsel, K Kunasekaran, said that judge Abdul Wahab Mohamed greenlighted the interim stay, which will take effect until Jan 12 next year.
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