UPKO Supports the Establishment of the Native Court Judicial Department

16 February 2024
By Wartawan Nabalu News
PENAMPANG; The United Progressive Kinabalu Organisation (UPKO) welcomes the announcement made by Chief Minister DSP Hj Hajiji bin Hj Noor regarding the state government's intention to establish a Judicial Department for the Native Court in Sabah.
In a statement, the UPKO Secretary-General Nelson Angang said that it is high time for serious efforts to be undertaken to elevate the Native Court to the same level as the Civil Courts and the Shariah Courts.
By establishing a judicial department, it is hoped that the quality and efficiency of the Native Court's services will improve, he said.
In order for the Native Court to be truly considered on par with the Civil and Shariah Courts, mere amendments to state enactments and ordinances will not suffice, according to him.
There is a need to enact federal laws to empower the Native Court and grant it jurisdiction to handle offenses under native laws, he added.
"Collaboration with our counterparts in Sarawak is essential to encompass the native courts of both Sabah and Sarawak in this endeavour," he stressed.
An amendment to the Federal Constitution may be necessary to clearly establish that the civil courts do not have jurisdiction over the Native Court, akin to the specific provision for the jurisdiction of the Shariah Court under Article 121(1A) of the Federal Constitution, he elaborated.
Another critical area that the Native Court should focus on is Native Customary Rights (NCR), he stressed.
Currently, civil courts handle matters and appeals arising from NCR claims. The judges presiding over these cases and appeals are often non-native and non-Sabahan individuals lacking knowledge and experience in Sabah's native laws, he shared.
The former Chief Justice of Malaysia, Tun Richard Malanjum, once remarked that NCR claims go through the civil court, where judges—potentially unfamiliar with NCR or native laws—apply their civil law expertise.
These judges should first grasp the native land system before passing judgment, rather than interpreting it solely through the lens of civil law, which has contributed to discontent among the indigenous communities, he stated.
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