There are conflicting claims on which authority should actually probe allegations over the native certificate ( sijil anak negeri ) held by Jimmy Wong, the DAP state assemblyperson for Sri Tanjung in Sabah. Should it be the state government, the police or the native court?

There is also confusion on various legal aspects of such a probe, if conducted by the police or the state government.

The police, besides the state government, are probing the case. Police investigations have been facilitated by reports lodged by Umno Youth and Wong himself.

Meanwhile, several quarters think that the matter is one of jurisdiction and should be best left to the native court.

The United PasokMomogun KadadazanDusunMurut Organisation (Upko) Youth, in a statement, opined that the executive branch of government might have over-stepped its boundaries when it sidelined the native court in the matter.

"Our opinion is based on the doctrine of separation of powers i.e. the legislature, executive and judiciary," said Upko Youth chief Arthur Sen.

Sen, in giving qualified support to a police report lodged by Umno Youth against Wong, was in agreement with his party chief Bernard Dompok.

The Upko president wants the native court to hear all native certificate cases notwithstanding a freeze on the issuance of such documents since April 22, 1982.

"I am trying to put it in the open that perhaps it is not necessary for the freeze on native certificates to be first lifted," said Dompok.

"The court is part of the judiciary and has the right to hear such (native certificate) cases."

The native court is divided into a three-tier structure consisting of the native court, district native court and the native court of appeal. The native court of appeal is headed by a high court Judge assisted by two district native chiefs.

Authentic or fake?

State local government and housing minister Hajiji Mohd Noor, however, has reiterated that his ministry would probe Wong's certificate. He only stressed on its "authenticity" or otherwise. This aspect seems to be an open and shut case but limited in its scope.

Hajiji could not immediately clarify whether his ministry, through a special committee, would determine whether Wong was eligible to hold the native certificate if it was indeed held to be authentic. Also left out was the question of whether Wong obtained the certificate (if genuine) through "dubious means", the issue of his eligibility or otherwise being secondary in that case.

Also left out by Hajiji are other allegations, unrelated, made against Wong.

Questions have been raised on him reviving an abandoned resort in Semporna. He was also alleged to have encroached, implying without permission, into government land when renovating his house in Tawau.

"Just wait for the investigations. There's nothing to be afraid of," said Hajiji without getting into specifics. "The Sri Tanjung state assemblyperson’s native certificate is a serious issue (having been raised in the state assembly). It (without probing others) has to be dealt with immediately."

Hajiji was also commenting on public unease over elements of selective prosecution, persecution and politics in the impending probe against Wong.

Involves state constitution

Umno Youth wants the police to probe Wong's certificate "because this is a serious matter which involves the Sabah constitution".

"The police should investigate whether it was approved according to the state constitution or otherwise," explained Umno Youth leader Azman Roslan who represented the movement.

"A thorough investigation should be carried out by the police. We do not want those qualified for the native certificate not getting it while those not qualified get it."

Wong himself welcomes a police probe on the matter in explaining why he lodged a report himself last Friday at the Karamunsing police station.

Still, he is not against the state government setting up a special committee as well on the matter but thinks that "it should also probe illegal immigrants who have become bogus natives in Sabah by getting MyKads issued by the National Registration Department."

He also clarified that he has never called for the special committee to probe other holders of native certificates as well, "as reported in the press."

"I want the police to scrutinise my native certificate to determine whether it’s genuine or otherwise," stressed Wong. "If it is proven to be a fake, this involves a cheating case. I must take the matter to court. I have been accused, as a result, of cheating the public."

Wong could not say who he would sue if his native certificate is proven to be a fake. He also could not say whether he expects the police to press criminal charges in that case. The question of criminal proceedings against the party or parties concerned, unnamed, remained open.

Wong clarified that his eligibility to possess the native certificate is through his mother's Sino-Kadazan blood connection. He claimed that his maternal grandmother was Kadazan (urban Dusun).

Sekong state assemblyperson Samsudin Yahya, who has since left for Mecca, first raised the hackles on Wong’s native certificate amidst related allegations in the state assembly last week.

He has announced that he would not lodge any reports against Wong in the matter "since he's a friend". It is for others to do so, he added before his departure.

Samsudin did not clarify what kind of probe he wanted on Wong’s native certificate beyond querying, "How did he get it?"