Malay Customary Land (MCL)

I am quite sure you have heard about MCL lands. These are lands which can only be owned by Malays or what under the law known as certificated person though he or she is not a Malay. A certificated person is a person who is being granted a certificate from Governor-in-Council of Malacca.
Recently the Federal Court rules that only a Malay or a certificated person can hold title to MCL land or can derive benefits from the land.
The name of this case is Robert Lee & Anor v.Wong Ah Yap & Anor. This case is about a piece of MCL land which was acquired by the State Government,prior to the acquisition the land was 'sold' (through some informal sales agreement) by a certificated owner to a non-Malay, this non Malay did not make effort to apply for a certificate to qualify for the land although he had 'paid' for the MCL land.Since he did not apply for the certificate the Federal Court says that the so -called 'purchase' by him was not valid.
The issue at hand is ,the State after the acquisition paid compensation to the various parties in their various capacities, some were occupiers of the land some were owners of houses. The owner of the land of course was also being compensated. The point now is who is the actual owner of the land? The Federal Court held that the 'sale' was not valid therefore the 'purchaser' is not entitled to the compensation. The compensation money thus goes back to the original 'seller' who was a certificated person. Both the seller and purchaser had passed away,the case is being represented by thier executors.
This case reminds us of the seriousness of the intention of the Court to strictly applying the law notwithstanding the fact that there are many efforts tryng to circumvent it.