Chief Judge of Sabah and Sarawak Richard Malanjum wants the judicial system in Sabah to recognise the Native Court. To do this, the Native Court judiciary must be formalised as a department.

richard malanjum “If the Syariah Court can be given a standing similar to the Civil Court, there’s no reason why the Native Court can’t be given similar recognition,” said Malanjum ( right ).

“The Syariah Court is also a state court like the Native Court.”

He was was addressing a Native Court Judiciary Convention in Kota Kinabalu yesterday.

Malanjum conceded that Sabah would have a three-court system if the Native Court wins recognition as part of the state judiciary proper, but does not see this as a problem in the administration of justice, given their separate jurisdictions.

sabah natives bajau community 180509 02 Organising the Native Court as a department is important as it will then have proper administration and its own annual budget, said Malanjum, “similar to that of the other judiciaries in Sabah.”

He sees the Native Court as an affordable alternative for “poor kampung folk (villagers)” who wish to bring matters to court.

Malanjum pointed out that pursuing a monetary claim in the civil court is expensive, and this deters many natives from seeking justice through the law.

But he cautions dismissed it as a mahkamah kampung (village court).

“The Native Court has a place in the state judiciary for dispensing justice.”

Adjudicating traditions

Malanjum also recommends expanding the jurisdiction of the Sabah Native Court to include, besides monetary compensation, native land disputes currently being settled by law the traditional way.

Sarawak already provides for this and could serve as a model for Sabah, he stressed.

“Sabah should adopt such a law so that justice is not just for those with money.

"The most compelling reason why the Native Court should receive equal treatment is the fact that 75-80 percent of the 3.5 million population of Sabah are natives,” said Malanjun, a KadazanDusun.

sabah native wedding marriage ethnic groups 250509 06 Hence, it is wrong to say the Native Court is not relevant in today’s Sabah.

“With so many natives in Sabah, don’t tell me that they don’t have culture and traditions?”

He cited the case where a couple gets engaged in the traditional way.

"If the boy changes his mind, where does the couple go next to settle their differences and end the arrangement? If they resort to the civil court, tradition and culture being the reference point will still bring the problem back to the Native Court.

“It would be also the duty of the Native Court to call for a review of outdated customs and traditions,” he says, citing an example where the tradition of fining a boy (sogit) if he so much as touched a girl’s hand, which may not apply to today’s society.

“That’s why it’s imperative that a department be set up as soon as possible,” he said.

Judicial independence needed

He also called for a Law Reform Committee similar to that in the Prime Minister’s Department, but in each district “to review existing customs and traditions, and to come up with recommendations”.

While he is against adopting western values, he does not rule out codifying revised native laws in line with the times. Failure to do so would result in the Civil Court system usurping the role of the Native Courts, he warned.

He also recommended that the prevailing view, that the Native Court is just an inferior statutory tribunal subject to the supervisory jurisdiction of the Civil Court, should be ditched.

“The Native Court must also stand alone free from political interference and other pressures which undermine the good governance of native laws, customs and traditions in Sabah,” he said.

For example, the District Native Court, being an appellate court, should be manned by district chiefs independent of the district’s administrative officials.

“The current practice of Native Court judges owing their jobs to political leaders is not helping in securing public confidence in the Native Court system,” Malanjum said.

“There must be security of tenure and not the threat of instant dismissal as (is practised) at present.”

Coming soon - a guidebook for Native Court