KOTA KINABALU: Three structures were demolished at the controversial Kampung Sembulan Tengah water village, sparking outrage among landowners who are now pursuing legal action to prevent further demolitions.
The landowners, who were previously assured that demolitions would not occur until proper discussions were held with villagers, relevant government officials, and developers, are now compiling documents to support their case.
Their lawyers, Mohamad Syazwan Shah Mohamad Ali and Chin Teck Ming, are working to secure an injunction to halt any further demolitions until resettlement talks are concluded.
“Our clients will provide the necessary documents and sign the warrant to act within two weeks,” said Syazwan during a peaceful assembly held by the legitimate landowners and residents of Kampung Sembulan Tengah on Sunday (Jan 12), protesting the government’s decision to demolish homes in the area without compensation.
Also present were Tanjung Aru assemblyman Datuk Junz Wong, Putatan Umno division chief Jeffery Nor Mohamed, and former Petagas assemblyman Datuk Uda Sulai.
Kampung Sembulan Tengah Residents and Welfare Association chairman, Osman Omar Khan, shared that during a meeting with City Mayor Datuk Seri Dr Sabin Samitah on Dec 8, last year, they had agreed on a plan to remove old, illegal, and unsafe structures.
"However, we were assured by Deputy Chief Minister III Datuk Shahelmey Yahya that discussions would be held before any demolition took place," Osman explained.
He added, “We were shocked when the Kota Kinabalu City Hall (DBKK) arrived and demolished three structures on Jan 6. The materials used to build these homes, such as timber and zinc sheets, were purchased by the landowners themselves. These materials hold value, and demolishing them without consultation is unfair.”
Osman also highlighted that their request to delay demolitions during the Sijil Pelajaran Malaysia (SPM) exams, to avoid stressing students, was ignored.
He stressed that residents are not opposed to the development of their ancestral land, which has been occupied by their families since World War II and is now part of the Sembulan Urban Renewal Scheme.
The 3.5-acre prime land, which they seek to have gazetted as their village and issued a communal land title, has fallen into private hands and is aligned with the Sabah government’s efforts to address squatter issues.
In June 2024, the Sabah Cabinet approved a revised version of the Sembulan Urban Renewal Scheme. Chief Minister Datuk Seri Hajiji Noor stated that landowners would be allowed to remain after development, with agreed compensation.
However, the specifics of the compensation remain unclear.
The ongoing land ownership dispute, which has persisted for some three decades, has been marked by the freezing of land lease renewals in recent years.
“We are not against development. We welcome investors' interest, but we urge the government to resolve this matter fairly. The 3.5-acre plot in Old Sembulan is home to people, not monkeys,” Osman stressed.
The scheme involves 159 homes in total, with 105 having expired leases and 64 with valid leases. Despite this, no landowners have been consulted, and no compensation has been offered since the renewal scheme began.
“Also, we are not against the government, but we urge them to act swiftly. We hope this programme leads to a peaceful resolution and a win-win outcome for all parties. We ask the government to address this by February,” Osman added.
On the assurance from Tanjung Aru Community Development Officer Mohd Reduan Datuk Aklee that there would be no further demolitions and that future plans would be discussed with the unit’s office, Osman said such a guarantee must be provided in writing.
“We need a proper letter to present to the enforcers if they come to tear down more houses. We do not want empty promises; we need it in writing to ease the landowners' concerns,” he said.
Junz and Jeffery stressed that landowners have the right to protect their ancestral land and should be compensated.
“It should be a win-win situation where both the landowners and the government are satisfied. The authorities must explain their plans for the land. Many of us have heard of the proposed scheme, but no one knows what exactly the development entails. We know nothing,” Junz said.
He added that bringing the case to court was not meant to oppose the government but to seek transparency, as the people deserve to know the fate of their land.
Echoing Junz’s words, Jeffery said that, in addition to compensation, landowners, including those with expired leases, should be provided with housing.
“If this scheme benefits the residents, then let’s do it. But I want to see Kampung Sembulan Lama, Sembulan Tengah, and Sembulan Baru continue to thrive in this urban fringe. Even in Kuala Lumpur, villages can still thrive.
“We are not unreasonable people. We are not committing any crimes. But I hope the government listens to the people’s plight. We will leave this world, but everything we leave behind is for the next generation. We do not want our children and future generations to suffer in their own land. If it is wrong, let’s fix it together. If it is not right, let’s correct it together,” Jeffery said.
During last Monday's demolition exercise, security agencies, including the police and immigration personnel, were on hand to ensure the safety of those involved.
DBKK had identified several structures in the water village area that were deemed unsafe for occupation and had expired land leases, yet were being rented out to immigrants.
The operation was carried out smoothly, with no incidents reported throughout the process.