Borneo History: THE HISTORY AND CONTROVERSIES OF KARAMBUNAI

THE HISTORY AND CONTROVERSIES OF KARAMBUNAI, MENGKABONG

I. INTRODUCTION

KARAMBUNAI means "the place where the ship from Brunei sank". That's what the folks back in the kampong claims it to be. However, the ship's remain were never found to this day. Karambunai is steeped with legends and folklores from the past and it still is a powerful magnet for controversies and high tales until now.

The attraction is understandable though. The land is blessed with verdantly forested hills and plains, surrounded by crystal turquoise blue sea waters, wide stretches of powdery white beach sands along its coastlines and pristinely lush mangrove growths along its river and lagoon.

One fine day in 1995, the land surprisingly began to be extensively developed by the Nexus without the expressed consent and approval of the owners, the heirs to the Pangeran Abdul Rauf properties that included the now world famous Karambunai estate. The Five Star Resort together with its 18-Hole world class Golf Course laid claim to this paradise they now refers to as heaven.

The resort flourished and ultimately in the world class destination map and continued to prosper to this day. Now valued roughly at RM3 Billion, Karambunai has became one of the most prime and prestigious real estate property in Sabah by the year 2000.

It was all being done by Nexus in good faith though. However, nexus acquisition of this property was claimed conducted through highly dubious means. Primarily, the land lease title No. 228 of the 3,815 acres Karambunai land was granted to the third child of Pangeran Abdul Rauf that is Pangeran Jalaluddin for a term of nine hundred and ninety-nine years (999 years) on the 15th November 1905 by then British North Borneo Company in exchange for the cession of a vast domain from Nagapas to Tuaran , which once belong to his father, Pengiran Abdul Rauf who never bequeathed his properties to any of his children.

Considered to be an ownership in Perpetuity, the land could only be transferred to its direct descendants, in which case, the land transferred on the 8th of August 1935 to Pengiran Siti Fatimah ibnul Pengiran Jalaluddin. Pengiran Jalaludin's daughter from his first wife. Pengiran Siti Fatimah died the following year and was buried in their ancestral burial grounds in Pulau Udar Besar, an island which a part of the Karambunai grant. Her only son died at an early age when she still alive.

In the early 1990's, a new title was issued by Sabah Land and Survey Department under the twin brothers' names, Ahmad Shah Bin Yussof and Othman Shah Bin Yussof without the knowledge and consent of Pangeran Abdul Rauf's heirs.

The claim was based on the family surrendering the Title to the authorities to replace it with a new one. However, the person who surrendered the Title remains a mystery till now. The Shariah Court's decisions were based on the notion that upon Pangeran Siti Fatimah's death, the property was divided into two. Half went to Siti Habshah Mohd Salleh and the other half went to Siti Halimah Datuk Hussin. However intriguing that no one from the surviving family members and friends of Pengeran Abdul Rauf knew who these two persons were. Obviously, they were not relate to the family at all.

The stories from the elders in the village claimed was that Siti Habshah and Siti Halimah were both servants with the Pangeran Siti Fatimah household at the Rumah Besar in Karambunai. Siti Habshah being childless adopted Siti Halimah as her daughter who got married to Yussof Bin Razak and gave birth to the twin brothers, Ahmad Shah and Othman Shah. It will be noticed and claimed that the Pengeran title is not appearing with their names because apparently, not one of them were actually a Pangeran through a direct Pangeran Abdul Rauf bloodline.

The Karambunai title was thereafter leased to the Nexus group by the twin brothers for RM40 million and subsequently, Nexus group charged half of the property to DBS Bank in Labuan for a whopping RM300 Million loan.

Pengeran Jalaluddin was said died in 1947, a good 11 years after the demise of his daughter Pengiran Siti Fatimah. His family was aware that he wanted so much to include the names of his other children into the said Title after Pengeran Siti Fatimah's death as he had other children from his three other wives. This made it utterly impossible for the Title to be knowingly transferred to other people who are not even nearly related to his family, much less to strangers! Unfortunately, World War II broke he could fulfil his plan to register his other children's names in the said Title. All government services and offices were by then already non-functional until the time of his death.

The controversy blew sky high when a certain Awang Damit Awang Tengah sued for the ownership of half of the property claiming that he is a descendant of Siti Habshah Mohd Salleh and won a controversial decision from the Malaysia Shariah Court in April 2009. A decision made in record time after submitting his documents only in March of the same year, a very sensitive decision made in just a month!. Amusingly, the same Shariah Court is now penalizing Awang Damit for tendering fake documents to the court, which led to their decision, He is now facing another legal battle but this time, which will be very tough for him because he will now be defending himself for his criminal cheating, wheeling and dealing with the Shariah Laws.

Meanwhile, the other heirs the direct descendants of Pangeran Abdul Rauf quietly compiled all pertinent documents and proofs to support their case ....

II. WHERE AND WHEN IT ALL STARTED

Karambunai is only a very small portion of what used to be the vast ancestral Mengkabong river tulin (private hereditary domain) lands owned and ruled by Pangeran Abd Rauf Ibnul Pangeran Abdul Rajit Ibnul Pangeran Pemancha Harimau Muhammad Daud under the Brunei dependencies system having inherited it from his uncle Pangeran Jalaludin Ibnul Pangeran Temenggung Abdul Rauf of which the brother of his mother Pangeran Fatimah Ibnul Pangeran Temenggung Abdul Rauf.

Pangeran Fatimah Ibnul Pangeran Temenggung Abdul Rauf Ibnul Pangeran Abdul Rahman Ibnul Pangeran Temenggung Dakula Pangeran Abdul Rauf Ibnul Sultan Abdul Hakkul Mubin (13rd Sultan of Brunei) and she is also the daughter of Pangeran Siti Khadijah Ibnul Sultan Omar Ali Saifuddin I (18th Sultan of Brunei).

Pangeran Abd Rauf Ibnul Pangeran Abdul Rajit Ibnul Pangeran Pemancha Harimau Muhammad Daud Ibnul Pangeran Abdul Rahman Ibnu Pangeran Anak Badaruddin Ibnul Sultan Muhiyiddin (14th Sultan of Brunei).

Those who are familiar with Brunei 13rd Year Civil War (Cermin War 1660-1673) will notice that the two rivalry Sultan of Brunei i.e. Sultan Abdul Hakkul Mubin and Sultan Muhiyidin. Both direct descendants of Sultan Hakkul Mubin and Sultan Muhiyidin were united by marriage in the form of union between Pangeran Abdul Rauf and Pangeran Fatimah to strengthen the unity within the Royal Family of Brunei Sultanate.

He is in fact the acknowledged owner of the whole Kota Kinabalu including Pulau Gaya and the smaller islands around it. After the rebellion led by Mat Salleh who was related by family ties and supported by Pangeran Abdul Rauf rakyat tulin led to the burning and looting of Gaya Island, the mystery death of Pengiran Abdul Rauf, the killing and murdered Pengiran Abdullah (The elder son of Pengiran Abdul Rauf) as claimed by his descendants, British North Borneo Company made the Cession Agreement with Pangeran Jalaluddin for them to be able to control the uprising and rebellions within his domain and indirectly gain possession the vast Pengiran Abdul Rauf ancestor land.

In return, the 3,815 acres Karambunai land was granted to the third child of Pangeran Abdul Rauf that is the Pangeran Jalaluddin together with other concessions given to him for the cession of all his lands to the British North Borneo Company in 1905.

A. THE ANCESTRAL DOMAIN OF PANGERAN ABDUL RAUF IBNUL PANGERAN ABDUL RAJIT IBNUL PENGIRAN PEMANCHA HARIMAU MUHAMMAD DAUD

Pangeran Abdul Rauf Ibnul Pangeran Abdul Rajit Marhom Pangeran Pemancha Harimau Muhammad Daud in accordance with Malay laws and customs is the acknowledged Ruler, Proprietor and the Ancestral owner of the coastal lands and rivers described as below: -

"The rivers of Mengkabong, Karambunai, Menggatal, Kabatuan, tributaries and extending from Timbang Kiping including Bukit Kapa , Api Api (or Nafas including Simbulan) and Kinarut rivers from theirs mounths and of the country drained by the said river ".

"The boundary of Mengkabong extends from Timbang Kiping to Menggatal and from Menggatal to Darau. Its limit being at namely Bukit Kapa, Api Api is from Tanjong Lia to Tanjong Aru and that from Dumpil as far as the Kawang boundary".

Pangeran Abdullah, Pangeran Siti Aishah and Pangeran Jalaludin are the three childrens of Pangeran Abdul Rauf Ibnul Pangeran Abdul Rajit.

The same detailed description of the coastal lands and rivers were provided in the cession Agreement made between the British North Borneo and the third childs of Pangeran Abdul Rauf that is the Pangeran Jalaluddin back in 20th of November 1891, 23rd March 1898 and 30th March 1898.

B. THE BRITISH NORTH BORNEO COMPANY

Originally established as the British North Borneo Provisional Association Ltd. In 1881 , it was replaced by the British North Borneo Chartered Company in 1882. The company became the State of North Borneo in 1937 and then as the colony of North Borneo in 1946.

In 1865, the United States consul to Brunei, Claude Lee Moses obtained a 10 year lease for the territory of North Borneo from Brunei. However, the post Civil War United States wanted nothing to do with Asian colonies, so Moses sold his rights to the Hong Kong based American Trading Company. Besieged with financial difficulties, the company gave up the rights to the then Consul General of the Austro-Hungarian Empire in Hong Kong, Gustavus Baron Von Overbeck. Von Overbeck managed to get a 10 year renewal of the lease from Temenggong of Brunei, and a similar treaty from the Sultan of Sulu on 22nd January 1878.

To finance his plans for North Borneo, Von Overbeck found financial backing from the Dent brothers - Alfred and Edward Dent. However, he was not able to interest his government in the territory so von Overbeck withdrew in 1880, leaving Alfred Dent in control. Dent was supported by Sir Rutherford Alcock and Admiral Sir Harry Keppel.

In July 1881, Alfred Dent and his brother formed the British North Borneo Provisional Association Ltd. And obtained an official Royal Charter November the same year. In May 1882, the British North Borneo Charted Company replaced the Provisional Association. Sir Rutherford Alcock became the first president and Alfred Dent became the managing director.

In spite of some diplomatic protests by the Dutch, Spanish and Sarawak governments, the British North Borneo Company proceeded to organize settlements and administration of the territory. The company subsequently acquired further sovereign and territorial rights from the Sultan of Brunei, expanding the territory under control to the Putatan river in May 1884, the Padas district in November 1884, the Kawang river in February 1885, the Mantanani islands in April 1885 and additional minor Padas territories in April 1885 and additional minor Padas territories in March 1898.

In 1888, North Borneo together with Sarawak and Brunei became a protectorate of Great Britain. Its administration however remained entirely in the hands of the British North Borneo Company, with the crown reserving only controls of foreign relations.

In 7h January 1883, letter from the British Secretary of State for Foreign Affairs, Lord Granville confirms the position that the "takeover" of the British of Sabah, a Sulu and Brunei property was a lease, not a purchase. It stated :-

"The British Charter (representing the British North Borneo Company) therefore differs essentially from the previous Charters granted by the Crown ... In the fact that the Crown in the present case assumes no dominion or sovereignty over the territories occupied by the Company nor does it purport grant to the Company powers of government there over. It merely conveys upon the persons associated the status and incidents of a body corporate, and recognizes the grant of territory and the powers of government made and delegated by Sultan with whom the sovereignty remains vested. It differs also from previous Charter in that if prohibit instead of grants a general monopoly of trade".

"As regards to the general features of the undertaking, it is to be observed that the territories granted to the Company have been for generations under the government of the Sultanate of Sulu and Brunei, with whom Great Britain has had Treaties of Peace and Commerce ".

It is therefore correct to say that the British North Borneo Company has been operating outside the influences of the British Crown when the Cession agreement with the third child of Pangeran Abdul Rauf that is the Pangeran Jalaluddin was made in the year 1891 and his highness Sultan of Brunei and Pangeran Bendahara in the year 1896.

Moreover, as the said Agreement was written in Brunei at that time, it should also be clear that Brunei has the authority to therefore decide over the properties referred to on the said Agreement.

The above treaties of 1891 and 1896 was not properly conducted in accordance to actual process of cession of ancestral properties and sovereignty.

The earlier treaties totally goes against the will of the heirs of Pangeran Abdul Rauf and his Rakyat Tulin hence the attack of Pulau Gaya and other area was made by his grandson Paduka Mat Salleh the last remaining influential figure of the family, the son of Pangeran Siti Aishah Ibnul Pangeran Abdul Rauf.

C. CESSION AGREEMENT WITH THE GOVERNOR OF THE TERRITORIES OF SABAH, L.P.BEAUFORT - 20th November 1891 (versions in Bahasa Melayu and Arabic Jawi were also executed)

This agreement made on 20th day of the month of Rabi-il-Akhir in the year 1309 (20th November, 1891) between Pangeran Anak Jalaludin Ibnul Pangeran Abdul Rauf, hereinafter referred to as the Pangeran of one part, and L.P. Beaufort as Governor of the territories of Sabah that is of the North Borneo Company of the other part, hereinafter referred to as the Company.

Whereas the said Pangeran in accordance with Malay law and custom, the ruler and proprietor of the rivers mentioned in this agreement.

Firstly the Mengkabong, Karambunai, Menggatal, Kabatuan, including its tributaries and creeks extending from Timbang Kiping including Bukit Kapa, Api Api (or Napas including Simbulan) and Kinarut rivers from their sources to their mouths and of the country drained by the said rivers.

Now the boundary of Mengkabong extends from Timbang Kiping to Menggatal to Darau its limit being at Inanam namely Bukit Kapa: that of Api Api is from Tanjong Lia to Tanjong Aru; and that of kinarut from Dumpil as far as the Kawang boundary.

Now this agreement witnesses that in consideration of the sum of three thousand dollar ($ 3,000) paid by the Company to the Pangeran each year during the life time of the Pangeran and after his death one thousand six hundred dollars ($ 1,600) to be paid to his heirs successors or executors who shall receive the aforesaid rent each year from the Company executors partners or successors, the receipt whereof the Pangeran acknowledges.

The Pangeran hereby agrees to cede to the Company forever the territory above defined together with all islands mentioned, his property, within six marine leagues or 18 miles of the shore, with power of life and death over the inhabitants, with all the absolute rights of properties vested in the Pangeran over the soil of the territory as well as the rights over the production of the country whether mineral, vegetable or animal, as well as the right to coin money, create an army and navy, to levy customs sates on trades and shipping and other taxes on the inhabitants as the Company shall seem good and expedient, together with powers and rights usually exercised and belonging to sovereign rulers, and which the Pangeran hereby agreed of his own free will to delegate to the Company.

And furthermore the Company agrees to permit the Pangeran to enter the territory in order to buy padi and tobacco and other foodstuffs sufficient for his own consumption which shall be free from the imposition of taxes or duty levied by the company, its executors or successors, forever.

And the Company agrees to accept all the terms set forth in this agreement including the collection and payment of revenues from the commencement of this document, that is to say during the life time of the Pangeran to pay to him a yearly rent $ 3,000, and to his heirs after $ 1,600 each year.

And immediately on the signature of this agreement, the Company agrees to advance to the Pangeran the sum of $ 2,000.

The Company will grant to the Pangeran a year's grace before taking on government of the aforesaid rivers, that is not until the year 1310 (i.e, 1892).

And when the Company has actually taken over the Government of these rivers its agrees to make a further advance (to the Pangeran) seven thousand ($ 7,000 ) making a total of nine thousand dollars ($ 9,000) or three years cessions money.

And the Pangeran hereby agrees and freely promises to assist the Company in establishing their Government in the said territory and to call on inhabitants thereof to yield ready and willing obedience to the rule of the Company and its officers; and also that he alone will be liable for and settle claims which hereafter may be raised by others affecting the rights privileges vested in the Company by this agreement, and will indemnify the Company against the same.

And it is hereby agreed that this agreement is subject to the confirmation of the Court of Directors of the Company in London that they have the power to reject or accept the same, and that their rejection or acceptance of the same shall be signified to the Pangeran within six months from the execution thereof.

And in the event of the Court of Directors rejecting the agreement if shall be returned to the Pangeran as styled at the beginning of this document, and the loan of $ 2,000 already made to the Pangeran shall be deducted annually from the Pangeran cession money until the loan is satisfied.

In the meanwhile the Pangeran has no power to lease or give away any rights herein defined any other Company or Syndicate government.

And it is hereby agreed and declared that the words "Pangeran" occur in this agreement the same shall, unless the context shall preclude such construction, and mean the Pangeran his heirs, successors and executors; and that whatsoever the words "Company" occur, the same shall, unless the context shall preclude such construction, extend to and mean the Company its successors and assigns.

In witness whereof the said Pangeran and the said LP. Beaufort as Acting Government on behalf of the said Company have hereunto set their hands and seals at Brunei.

This agreement is written in Brunei on the 20 day of November, 1891.

P.S. The commencement of payment of the cession money stated in this agreement shall be made by the Company on whichever day the territory herein mentioned is taken over, that is to say in the year 1310 (1892) to Pangeran Mohamed Jalaluddin Pangeran Abdul Rauf

D. GRANT OF INANAM - 5TH AUGUST 1896 (Translation)

THIS AGREEMENT made between His Highness Sultan Hashim Jalilul Alam Akamadin Ebnu Almarhom Sultan Omar Ali Saifudin or his heirs who is seated on the throne of the Kingdom of Brunei of the one part AND the BRITISH NORTH BORNEO COMPANY of the other part.

1. His Highness the Sultan of Brunei or his heirs agree to lease to the said British North Borneo Company all the import and export duties of the Sungei Inanam to collect poll-tax and land rents from the people, and any other taxes according to the custom that has been hitherto enforced by His Highness.

2. The British North Borneo Company may frame the Customs Tariff and are at liberty to prohibit the importation or exportation of any article (which they do not want to be brought in or sent out of the river) and that His Highness the Sultan agrees not to sell or lease any more land in the river.

3. The said British North Borneo Company will pay His Highness the Sultan or his heirs a yearly rent of $400 so long as the company agree to adhere to the conditions of this Agreement. In the event of the British North Borneo Company ceasing to adhere to this agreement all the taxes shall have to revert to His Highness the Sultan or his heirs.

4. His Highness the Sultan will receive from the said British North Borneo Company an advance of $2400 on the day this agreement is sealed and that payment of the yearly rent of $400 will be deducted till the whole advance has been paid.

5. The said British North Borneo Company have the right to build Customs Houses, Police Stations, and houses for the accommodation of their agent and clerks in the said river, and the said agent and clerks in the said river have the power to arrest person or persons detected carrying or illicit trade in dutiable goods and also to collect the aforesaid taxes - they likewise have power to arrest absconding criminals from the British North Borneo Company's Territory. Furthermore in the event of disturbance taking place in the river, and if the agent of His Highness the Sultan requires assistance, the said British North Borneo Company's Officer stationed in the river will render him all the assistance in his power but sanction must previously be obtained from the nearest European Officer of the British North Borneo Company.

6. In the event of the British North Borneo Company wishing to construct roads for the purpose of carrying the telegraph line through the Country or connecting it by the telegraph with any part of the territory. His Highness will not interfere or prevent this. His Highness promises to explain this agreement to all the people in Inanam, and will request them to follow the terms of the agreement.

Done at the Palace in the city of Brunei, this 25 day of Safar A.H.1314 corresponding to the 5th day of August 1896.

E. THE GRANT OF INANAM BY PANGERAN BENDAHARA - 5TH AUGUST 1896 (Translation)

THIS AGREEMENT made between His Highness Sultan Hashim Jalilul Alam Akamadin Son of the late Sultan Omar Ali Saifudin or his successors who is, or may be governing the State and Territory of Brunei on the one part AND the BRITISH NORTH BORNEO COMPANY of the other part.

That the Sultan Hashim Jalilul Alam Akamadin son of the late Sultan Omar Ali Saifuddin and his successors have acknowledged and promise to lease all the rights to and shares in the royalties, duties import and export, poll tax, land rents and any other taxes that Pangeran Bendahara son of the late Pangeran Tajuddin and his heirs are entitled to in the inanam River, following the custom that has hitherto been adhered to :-

1. The said Pangeran Bendahara or his heirs promise to lease to the said British North Borneo Company all the import and export duties of the Sungei Inanam to collect poll-tax and land rents from the people, and any other taxes according to the custom that has been hitherto enforced by His Highness.

2. The British North Borneo Company may frame the Customs Tariff and are at liberty to prohibit the importation or exportation of any article (which they do not want to be brought in or sent out of the river) and the said Pangeran Bendahara agrees not to sell or lease any more land in the river.

3. The said British North Borneo Company will pay the said Pangeran Bendahara or his heirs a yearly rent of $300 so long as the company agree to adhere to the conditions of this Agreement. In the event of the British North Borneo Company ceasing to adhere to this agreement all the taxes shall have to revert to Pangeran Bendahara or his heirs.

4. The said Pangeran Bendahara will receive from the said British North Borneo Company an advance of $1800 on the day this agreement is sealed and that payment of the yearly rent of $300 will be deducted till the whole advance has been paid.

6. In the event of the British North Borneo Company wishing to construct roads for the purpose of carrying the telegraph line through the Country or connecting it by the telegraph with any part of the territory. Pengiran Bendahara will not interfere or prevent this. Pengeran Bendahara promises to explain this agreement to all the people in Inanam, and will request them to follow the terms of the agreement.

Done at the Palace in the city of Brunei, this 25 day of Safar A.H.1314 corresponding to the 5th day of August 1896.

F. THE MAT SALLEH REBELLION AND BURNING OF PULAU GAYA 9th JULY 1897

Datu Muhammad Salleh or more popularly known as Mat Salleh was born in Inanam from a Badjao Maguindanao/Brunei family and married to a Sulu Princess. He was the tribal chief of the Sugud River region and later became its Governor.

He led a rebellion against the Company in 1895 after a long running dispute born out frustration from all the laws being imposed by Company to his territory, the Sugud River region, and of the indifference shown by the Company towards the general feeling and needs of its inhabitants.

The rebellion was supported by his uncle Pangeran Jalaluddin from his mother side and his people as he also shared the same ill feelings towards the officials of the British North Borneo Company at that time.

On 17 August 1895, Mat Salleh visited Sandakan with a large body of men together with a number of dissatisfied traditional chiefs from the with the aim of airing their grouses and obtaining redress from the Company. After waiting for the two day for any Company representative to attend and received them without success, the delegation left Sandakan the feeling slighted and snubbed. They have come looking for redress and were denied.

In 29 August 1895, the Company sent a strong force to Mat Salleh's house in Jambongan to apprehend him and four of his followers on the grounds that they had disturbed the peace in Sandakan and that four of his followers implicated in the murder of two ibans in 1894.

Mat Salleh promised to deliver the four men personally to Sandakan but the Company's officers were adamant and issued ultimatum to him instead. Upon Mat Salleh refusal to comply, his house and village were attacked, burned down and looted by the same forces.

He managed to escape the onslaught but has became a haunted man on the run the Company from then on. This high-handed action by the Company caused Mat Salleh to lose faith in the Company. It was the turning point of his career. From that instance, he declared war on the intruder.

Within a month, Mat Salleh has consolidated his position at Lingkabau, some fifty miles up the Sugut River and built a strong fort for himself with the help of the Kadazandusun community. The Company sent another expedition October 1895 but again failed to capture Mat Salleh. Being displaced from Sugut, he soon established himself another fort on the Labuk with headquarters in Limbawan.

On 25 September 1896, the company again attempted another expedition to capture him but it only resulted in costly failure. The fort was destroyed but Mat Salleh and his men could not be apprehended. By March 1897, he had builds another fort at Padang on the Ulu Sugut. From Padang, he quietly move to Inanam where he planned to give the Company a taste of their own medicine.

On 9 July 1897, Mat Salleh retaliated with a lightning attack on the principal trading station on the West Coast of Pulau Gaya and razed it to the ground. He again took the offensive by attacking the Government Residency at Ambong on the West Coast. Mat Salleh was making the government look hopeless and helpless by this time. Mat Salleh then retreated and retired to his new impregnable fort in Ranau.

The Company hurriedly made preparations to attack the Ranau fort. A concerted attempt was made to siege the fort on 13 December 1897. The fort was shelled continuously in the morning then stormed the structure by the force but could not penetrate the defences and lost five men in the process.

A fresh attempt was made on 5 January 1898 and achieved success on 9 January, but by then Mat Salleh and his men had deserted the fort. In the following months, they have established their new headquarters at Tambunan in the interior.

In 23 April 1898, Mat Salleh entered into a Peace Pact (The Menggatal Treaty) with the company though he expressed apprehension and dissatisfaction with the written terms which he felt was not in total accord with the verbal promises given to him by Cowie earlier during the talks.

The Peace Pact proved to be doomed from the start as Mat Salleh began to realize that the Company was not sincere in their commitments with him. He then started preparing for war again.

Immediately, Mat Salleh's forces began conducting sporadic attacks on government stations on the West Coast. The company on its part organized a force to attack Mat Salleh's fort in Tambunan with the fighting commencing on 1 January 1900. This event marked Mat Salleh's last stand against the Company.

Mat Salleh was killed by shell-fire while fighting in his fort in Kampung Toboh, Tambunan at mid-day on the 31st January 1900. His death effectively ended the rebellion movement that he started.

G. THE CHARGE AGAINST THE SULTAN OF BRUNEI FOR THE BURNING AND LOOTING OF GAYA ISLAND - 9th JULY 1897

After the burning and looting of the harbor in Pulau Gaya and the Government in July 1897 and the Residency in Ambong in November 1897, both on the West Coast of Sabah, the company has made a claim against the Sultan of Brunei for the crime committed by his people from Inanam, Mengkabong and Menggatal, which was led by Mat Salleh by virtue of 1847 and 1877 treaty between Sultan of Brunei and the British's Crown/British Chartered Company.

The properties being a jajahan (dependency) of Brunel, which was owned and ruled by the descendants of Pengiran Abdul Rauf at the time makes the Sultan answerable and responsible for what had happened. The Company negotiated with Pengiran Jalaludin to cede the rivers and lands under his rule to allow them control over the movements of his men from the said areas so that this misadventure at Pulau Gaya will never happen again.

In addition, the Company pledged not to arrest those men participated in the burning and looting of Pulau Gaya, and the claim to the Sultan will then be retracted.

III. THE SOLUTION

A. GRANT OF MENGGATAL, MENGKABONG, API-API, SIMBULAN, NAFAS TAMBALANG 23rd March 1898 (Translation)

Chop of Pangeran Jeludin Ebni Al Merhom Pangeran Abd Rauf

Signature William Clark Cowie

Witnessed by L P Beaufort

This Treaty made between Pangeran Jeludin Ebni Al Merhom Pangeran Abdul Raup of the one part and William Clark Cowie Managing Director of the British North Borneo Company on behalf of the said Company on the other part

WHEREAS the said Company has made claim against the Sultan of Brunei in respect of the burning and looting of Pulau Gaya by the Inanam, Mengkabong and Menggatal people.

And Whereas Mengkabong and Menggatal are the property of Pangeran Jeludin, as inherited from his father Abdul Raup

And Whereas loss and trouble have arisen to both parties and are likely to happen again so long the said rivers do not belong to the said company.

And Whereas it has seemed good to put an end to the present differences in so far as they concern Pangeran Jeludin by the company withdrawing its claim against him and by the Pangeran transferring his countries to the company so that mutual friendship shall exist for all time

And Whereas it is best for Pangeran Jeludin and for the Company and for the inhabitants that the said countries and inhabitants should come under the rule of the company thereby saving Pangeran Jeludin further responsibility and loss

And Whereas this treaty is subject to the approval of Her Britannic Majesty's Government.

NOW We the Company hereby withdraw the claim against Pangeran Jeludin in respect of the burning and looting of Gaya in so far as his people in the said rivers were concerned - further the Company agree to pardon all Pangeran Jeludin's subject who are want Pangeran Jeludin as practically Sovereign Ruler and having the power of life and death, the right to impose taxes, etc. hereby in consideration of the promise hereinafter mentioned transfer to the Company its successors and assign all my countries, viz. Mengkabong, Menggatal, Simbulan, Napas Tambalang and all their tributaries and all the seas, bays, rivers and lands in connection therewith, that is to say the Government land, landing places, people from the Kualas to the sources of those rivers together with power of life and death, making laws, imposing taxes, placing soldiers, minting money and all necessary powers for the proper administration of the said territories.

The Company further agrees to recognise all concessions of land coal or other minerals which have been granted prior to this date by Pangeran Jeludin to others but half the amounts to be paid for and profits to be derived from them shall be paid one half to Pangeran Jeludin and half to the Company

AND We the Company agree in consideration of the transfer above mentioned to pay to Pangeran Jeludin his heirs, executors, administrators and assign each year the sum $2,500 so long as the Company hold those rivers the said sum to be paid in Silver Dollars half yearly from the date on which this treaty is chopped. Further the Company agree to advance Pangeran Jeludin the wang hasil to the amount of $12,500 and the money so paid shall considered as an advance of five years of the Cession money. After the repayment of this advance the Company agree to pay the cession money twice a year as above stated.

The Company agree to give Pangeran Jeludin a grant entering mouth of the Mengkabong River thence following the contour around Bukit Gantisan seawards until the original starting point is reached which includes the burying place of his ancestors and the residence of his children.

The Company further agree to issue grants for all fruits plantations now occupied by the subjects of Pangeran Jeludin on payment of the usual survey fees, but otherwise free of rent, a list of such plantations shall be supplied by Pangeran Jeludin within three months from the date of this treaty.

If Pangeran Jeludin should at any time be in difficulties either in Brunei or elsewhere, the Company agree to assist him with their friendly advice.

So long as Pangeran is alive the Company agree to allow him to export 1,000 piculs of rice or paddy each year from Mengkabong free of export duty.

Pangeran Jeludin agrees to settle any claims which may hereafter arise by other Pangerans in respect of the said lands.

Pangeran Jeludin agrees to assist the Company and to use his influence to keep the country quiet so that he and the Company may be friends for ever.

C. GRANT OF SOVEREIGN RIGHTS OVER INANAM, MENGGATAL, API API, MEMBAKUT, MENGKABONG AND KWALA LAMA - 30TH MARCH 1898 (Translation)

Sultan Hassim's Chop

S/d. W.C.Cowie

Managing Director

Buyong Bin Muka

Witness to signature of W.C.Cowie

Managing Director of the British North Borneo Company

Whereas the said company has made a claim against his highness the Sultan in respect of the burning and looting of Pulo Gaya by his highness's people of Inanam, Mengkabong and Menggatal, who were induced by Mat Salleh and the Company's people, who came from the Company's territory.

Whereas the said Sultan of Brunei has made a claim against the Company in respect of the burning, looting and casualties at Inanam by the Company's people pursuing Mat Salleh, who ran from Pulo Gaya to Inanam where he took refuge.

Whereas these rivers and others which lie east and north of Tanjong Nosong are under the rule of His Highness; and

Whereas loss and trouble have arisen and are likely again to arise to both His Highness and to the Company so long as the above small countries are administered as they are now administered; and

Whereas it seems best to all parties to end the present differences between each other by withdrawing the above named claims; and

Whereas it is best for His Highness and for the Company and for the inhabitants that that the said counties and inhabitants should come under the rule of the Company, while His Highness the Sultan is thereby saved trouble, loss and responsibility; and

Whereas this Agreement is made subject to the sanction of Her Majesty's Government.

Now we, His Highness The Sultan of Brunei, do withdraw the counter claim which we made, and do hereby transfer to the Company and its successors and assigns all our rights of sovereignty and our powers and rights within the district of Mengkabong, Menggatal, Inanam, Api Api, Membakut and Kuala Lama, and all lands, seas, bays, rivers,etc. in North Borneo lying North of the Padras District; and

The Company hereby withdraws its claims against His Highness in respect of the burning and looting of Pulo Gaya; and

The Company agrees to pardon all His Highness's subjects who are wanted for being implicated in the above; and

The Company agrees to respect all the rights of the Pangerans and other owners of the property on the said rivers and all concessions granted by them or by His Highness The Sultan Of Brunei previous to this date, also all sums of money or gratuities expressed by the said concessions as payable to His Highness for the sanction of his chop (seal).

The Company further promises that it will pay to His Highness The Sultan and his heirs forever the sum of $1,200 every year in respect of rights of Inanam and Kuala Lama the first payment todate from this date.

But this Agreement and the promises of His Highness and the Company above written, are all subject to the approval of Her Majesty's Government, which the Company will endeavour to obtain as above stated.

And we His Highness do acknowledge to have received an advance of 8 years of the above stated sum, that is to say $9,600. If Her Majesty's Government consents to the above arrangement, the said sum is an advance of the said cession money which will not again payable till 8 years have expired.

But if the Queen should refuse her consent the said sum is to be considered an advance to be repaid by His Highness with 6 percent interest per annum, and is a charge on the other cession money payable to His Highness every year by the company.

They are certain governing powers of Pangeran Pamancha in Membakut not included in this Agreement.

And with respect to the concession which are mentioned in the Crown Agreement, which we were given to Mr R.L. Cox or his agents or his partners, or any other persons which were given before (the date of) this Agreement in Inanam and Kuala Lama, half will go to His Highness The Sultan Hassim or his heirs and half to the Company.

With regard to the concession of Inanam, $950 is for the Sultan's personal rights there, and for his personal rights in Kuala Lama $250, making a total $1,200 this is the money referred to before.

Dated at Brunei this 7th day of Zalkaedah A.D. 1315.(30th March 1898).

D. GRANT OF MENGKABONG - 30th March 1898

Sultan Hashim's

Chop

Pangeran Omar's

Chop

Pangeran Anak Siti Khatijah

Signed

William Clarke Cowie

Signed

This Agreement is entered into between Pangeran Anak Siti Khatijah and William Clarke Cowie, on behalf of the British North Borneo company.

In this Agreement Pengiran Anak Siti Khatijah cedes to the British North Borneo company all her rights over the Bajow people and their kampong (villages) as also over the traders, in the Mengkabong Country , in accordance with old Agreements between the Government of Brunei and the British North Borneo company, in connection with the countries which have been already ceded to the Government of British North Borneo, and the British North Borneo company, its heirs and assigns, promise to pay to Pangeran Anak Siti Khatijah and her heirs forever, an annual sum of $300.

On the day on which this Agreement is made Pangeran Anak Siti Khatijah acknowledges having received an advance of five years payment, amounting to $1500. At the expiry of five years the British North Borneo Company will pay $300 every year for ever to Pangeran Anak Siti Khatijah, or her heirs

Signed in Brunei

7th Zulkaidah 1315 (30th March, 1898).

E. GRANT OF MENGGATAL - 2nd April 1898

Sultan Hassim's Chop

Pangeran Pemancha's Chop

Signed Pangeran Anak Mahomed Yasin

Signed Pangeran Anak Mahomed

Signed Pangeran Anak Tejudin

Signed WC Cowie Director

Prepared Buyong Bin Muka

AGREEMENT entered into this day between us, Pangeran Anak Mahomed Yasin, Pangeran Anak Mahomed and Pangeran Anak Tejudin katiga son of His Highnes Pangeran Pamancha - and - Mr. William Clark Cowie Managing Director of the British North Borneo Company, on behalf of the Company;

Behold, we three cede to the B.N.B. Company all powers and all peoples which we, our heirs and assignees possess in the district of Menggatal, in the same manner as has been customary in all Agreements between the Government of Brunei and the B.N.B. Company concerning previous districts ceded to the B.N.B. Company.

And the B.N.B. Company, its heirs and assignees agreed to pay us, Pangeran A.M.Yasin, Pangeran A.Mahomed and Pangeran A.T. Katiga our heirs and assignees, annually Two Hundred dollars ($200).

And on this day of signing this Agreement, we acknowledge having receive 5 years advance namely One thousand dollars ($1000), and on the expiry of these 5 years the B.N.B. Company agreed to continue forever these annual payments of Two hundred dollars ($200) unto us, our heirs and assignees.

Dated this 10th day of the month of Zulkaidah 1315 at the hall in Brunei. (2nd April 1898)

E.THE MENGGATAL TREATY - 23 APRIL 1898

In the history of resistance put up by Paduka Mat Salleh, Menggatal Treaty is indeed a very meaningful event. It is the only treaty ever signed by the British with the local populace in order to locals to validate the existence of their power in Sabah. Before the treaty, the British had made various treaties with the Sultan of Brunei and Sultan Sulu, in their quest to colonize Sabah. The Menggatal Treaty could also be regarded as the real treaty in determining the Power of the British not only over the land but also over its people.

To the traditional leaders of North Borneo, the willingness on the part of the British to negotiate a treaty with Paduka Mat Salleh is something of paramount importance to them. The act of the British willingness signifies a recognition of the existence of political entity in the state. Indirectly, Paduka Mar Salleh was a prominent and influential leader. The treaty would alter the label previously given by the British from the criminal to the leader and later on as a rebel in the history of the British in North Borneo. Meanwhile, in the modern history of Sabah and Malaysia, Paduka Mat Salleh is acknowledged and accredited as a hero who sought to maintain his dignity and the sovereignty of the state.

On 28 March 1898 the of BNBC, William Clark Cowie and Beaufort sent a letter to Paduka Mat Salleh to arrange for a meeting that would end the contentions for both parties. Before the treaty was formally agreed, Paduka Mat Mat Salleh went personally to meet Cowie at Pulutan on 19 April to discuss the conditions of the treaty. Paduka Mat Salleh made the following early submission :-

1. His followers must be freed from the prison.

2. His followers and him must be allowed to reside at Inanam

Both of his demands were rejected by Cowie who then made following counter-submissions: -

1. The British Government would grant a pardon to Paduka Mat Salleh and his followers

2.The weapons must be handed over to the British

3. Paduka Mat Salleh and his supporters must give their cooperation to the Chartered Company

The following day Paduka Mat Salleh went to meet Beaufort and his uncle Pengiran Kahar Bin Pengiran Daud Bin Pengiran Abdul Rajit Bin Pengiran Pemancha Harimau Pengiran Muhammad Daud's house in Menggatal. Feared that their leader would be arrested in the meeting, he was escorted with 200 armed followers. In this second meeting, the British offered him to reside in Tambunan. Meanwhile, his followers who were originally from Inanam were allowed to return. The British would then elect O.KK Serail as their new leader. On the other hand, Paduka Mat Salleh earlier submissions demanding the release of his imprisoned followers were rejected. Only Shahbandar and an named Malim was freed.

On the part of Paduka Mat Salleh, he agreed to surrender 5 guns on the condition that the British would not station their force in Inanam. He also requested for Inanam to be reserved for his follower's settlement. However, the British refused to accede to the same time, the British asked Paduka Mat Salleh to move to Tambunan, a request that would indirectly deny his traditional power over Ulu Sugut and Inanam.

The British were really annoyed when the meeting on the second day failed to reach any conclusion. The arrival of Paduka Mat Salleh together with his armed followers became an issue. Through Pengiran Kahar, the British insisted Paduka Mat Salleh to convey his decisions over the terms stipulated by the British by April 21 to Cowie and Beaufort. At the same time, the British also demanded Paduka Mat Salleh to come without any followers either to Menggatal or on board ss Petrel.

Despite the demand of the British, Paduka Mat Salleh insisted that he had no discuss the terms with his followers from other places such as Tempasuk and Sayap. Paduka Mat Salleh later agreed to abide the conditions of the British by April 22, Cowie, Beaufort the other accompanied by a force of sikh police and the British army from HMS Swift arrived in Menggatal in to raise Union Jack. Paduka Mat Salleh attended the ceremony and as greed earlier, he surrendered the five guns to the British. At the same time, he presented 2 parangs to Cowie and Beaufort.

On the following day a truce was agreed between the BNBC and Paduka Mat Salleh, Cowie and Beaufort signed the treaty on Behalf of the British and the BNBC. Meanwhile, Paduka Mat Salleh was accompanied by Datu Sahak while Pengiran Kahar was the witness. The term of the treaty were as follows :-

1. Pardon was to be given to Paduka Mat Salleh and his except those who had escape from prison and those who had committed crime.

2. The release of Shah Bandar and Malim from the prison in Sandakan.

3. The people of inanam who were dispelled by the British could only be allowed to return upon the permission of the British given through OKK Serial or a leader appointed by BNBC o the District Officer

4. Paduka Mat Salleh was allowed to live in Tambunan or any other remote area except in Sugut River and Labuk River. He was also asked to persuade the locals to support the British Administration.

5. Paduka Mat Salleh was asked to assist the BNBC to arrest anyone who committed crime.

6. Paduka Mat Salleh would have to inform the BNBC on his whereabouts.

7. If Paduka Mat Salleh were to visit the coastal areas, he would have to register himself to the District officers concerned.

Paduka Mat Salleh's willingness to accept the terms outlined by the British proved that he was a leader who worked hard to attain peace. Even the battles fought between Paduka Mat Salleh and the British were first started out by the BNBC.

He put up fight against the British as an act of self-defense and also to safeguards his followers from being arrested and killed by the British. He had sincerely agreed to cooperate with the British though the terms of the Menggatal Treaty were biased to favor the interest of the British.

Paduka Mat Salleh was viewed to have posed a profound threat to the British and for that reason, the Company strived to end his existence. His outstanding displays of influence and charismatic leadership were evidenced in the final battle to resistance in Tambunan in the early 1900s.

Source :

1.dailyexpress

2. News

3. theborneopost

4. Utusan Malaysia

5. newsabahtimes
6. Menyusuri Pewaris Karambunai
7. Arkib Negeri Sabah
8. National Archives