Sabah's outdated and cumbersome laws need to go, says lawyer


KOTA KINABALU: In Sabah, the law caps maintenance of an illegitimate child to a maximum of RM50 a month in child support.

The state's Maintenance Ordinance enacted since colonial days remains in force and binds the courts from giving a higher or reasonable monthly support for such children, says former Sabah Law Society (SLS) president Datuk Roger Chin (pic).

"The ordinance governing spousal and child support provides inadequate protection for women and children.

"Its outdated provisions do not address modern economic realities, leading to insufficient financial support for dependents, especially illegitimate children," Chin said on Thursday (Dec 28).

He said it was among many outdated ordinances that needed to be updated as they were hindering the state's development and progress.

"These laws, many dating back to colonial times and even earlier, fail to address contemporary issues and needs, creating an environment of uncertainty and inefficiency," he added.

Citing examples, he said the state's Land Ordinance and Subsidiary Title Enactment was "complex and cumbersome" and hindered efficient land use and development.

"Its outdated procedures and terminology make land transactions slow and costly," he said.

The state's Mineral Enactment, which had yet to come into force, failed to provide a clear and comprehensive framework for the mining industry and this hampered investment and development in a crucial economic sector, he said.

Other state laws like the Minor Offences Ordinance were outdated as penalties and procedures did not effectively address petty crimes and contributed to backlogs in the justice system.

Chin said there was a need for a dedicated law reform committee to carry out comprehensive review and reforms for the laws.

"A dedicated committee can systematically review all state laws and identify those in need of urgent reform.

"This ensures a thorough and coordinated approach, addressing inconsistencies and harmonising legal frameworks," he said, adding that the committee could include legal professionals, academics and civil society representatives.

Chin said with such a committee, Sabah would be able to embark on a comprehensive and systematic overhaul of its outdated legal system.

He said SLS previously brought up the issue with the state government but there had been no response from the Sabah Attorney General's office.

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