KOTA KINABALU: The proposed native court reform to replace the outdated Native Court Enactment for Sabah is long overdue, says the Momogun National Congress (MNC).
In expressing support for the state government's move, MNC president Tan Sri Wences Angang said it was a momentous development in strengthening native administration in the state, and should be supported by all native or Momogun institutions.
“It’s a historic change that is long overdue. It’s high time the Native Court is reformed to function as a proper government body and should no longer remain as an avenue for political appointments,” he said in a statement on Monday (May 5).
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He said its administration has long been in disarray owing to the frequent replacement of personnel after every state election.
“By upgrading the Native Court to the same status as the Syariah Court, establishing its staffing with permanent and pensionable personnel, we will see a new era of a more efficient and stronger jurisdiction over customary affairs,” said Angang, a former Sabah deputy chief minister.
This matters most significantly in matters of inheritance, marriage, and native land in the respective districts, he explained.
He proposed that each district’s Native Court include a research and development section to monitor social changes affecting customs and tradition in order to remain relevant.
Angang said this was in line with Libaran MP Datuk Suhaimi Nasir’s reminder of the need to constantly have open consultations with indigenous community representatives, village chiefs and grassroots leaders who understand the realities on the ground.
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Suhaimi had also said that Native Courts must be equipped with qualified personnel, proper facilities, and ongoing training to function effectively, and should cease being used for political purposes.
On this, Angang said that while appointments of Native Court chiefs and judges should be carried out transparently and free from political interference, the enactment should also provide that all Native Court personnel must be natives who practice the customary laws they would be administering.
In February, Deputy Chief Minister Datuk Seri Dr Joachim Gunsalam said that 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.
He highlighted the crucial role that such courts play in administering customary laws among indigenous communities, operating alongside other legal frameworks.
