KOTA KINABALU: Sabah’s native court system, which predates formal governance and has long served both Muslim and non- Muslim communities, requires reforms to ensure its continued relevance and effectiveness, says Datuk Seri Dr Joachim Gunsalam (pic).
The Deputy Chief Minister highlighted the crucial role that native courts play in administering customary laws among indigenous communities, operating alongside other legal frameworks.
Historically, he said these courts have included Muslim and non-Muslim judges, with distinct judicial structures in different regions.
In Muslim-majority areas, native courts function separately from the Syariah Court system while still upholding traditional customs.
“The native courts existed even before the establishment of a formal government. However, many of the ordinances governing them today were introduced during British rule and are now outdated.
“We are exploring ways to refine and modernise these courts to ensure that they serve all communities fairly,” Dr Gunsalam told reporters during Parti Bersatu Sabah’s Chinese New Year dinner here on Wednesday.
The party’s acting president was addressing public concerns over the appointment of Muslim judges in native courts, particularly in cases involving sogit, or customary penalties, in the form of livestock, including pigs.
Dr Gunsalam, who is also state Housing and Local Government Minister, acknowledged the importance of preserving these customs while ensuring that they align with contemporary legal standards.
He also noted that Sabah Native Affairs Council president Dr Benedict Topin, has completed a preliminary report on native court reforms.
However, Dr Gunsalam stressed that this is only the initial phase of a long and complex process.
Further research and consultations are necessary, he said, particularly regarding the roles and responsibilities of Ketua-Ketua Adat (customary leaders) within the legal framework.
“This reform process cannot be rushed. It requires careful study and thorough planning before being formally presented for consideration,” he added.
Dr Gunsalam also reaffirmed the Sabah government’s commitment to strengthening the native court system and ensuring that it remains a vital and just institution for all indigenous communities in the state.
