Interfaith Council Says Land Lease Proposal Is Unconstitutional

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MCCBCHST said the Federal Court had decided in 1978 that land lease renewal applications must be considered on their merits.
PETALING JAYA: The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has criticised a government proposal requiring the surrender of a portion of leasehold land upon renewal or extension, saying it would negatively impact non-Bumiputera land ownership.
The proposal, first mooted by deputy prime minister Ahmad Zahid Hamidi at the Bumiputera Economic Congress in March, calls for at least 20% of agricultural land exceeding 50 acres and industrial land over 20 acres to be returned to the government.
The council said the plan is 
illegal and unconstitutional, citing a 1978 Federal Court decision in the case of Sri Lempah, which ruled that land lease renewal applications must be considered on their merits.

Any reduction of leasehold land size without giving due consideration on merits may be illegal, it said in a statement.
It said the proposal fails to provide such consideration, making it arbitrary and unlawful.
Zahid had said the returned land would be allocated to a new Bumiputera land corporation to boost Bumiputera land ownership. However, the interfaith council felt this would affect non-Bumiputera landowners, who would lose significant chunks of their property as well as profits derived from their land.

This compulsory taking over of land is unprecedented, it said, adding that the government should respect the rights of all citizens under the National Land Code.
It said Malay land ownership is already protected under the Malay reserve system.
MCCBCHST said such blanket directives should be avoided as they could risk lowering foreign investor confidence and disrupting business operations. - FMT

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