Two more native certs ruled void

Kota Kinabalu: The Native Court here on Tuesday ruled that the native certificates held by two brothers whose parents were born in China, are invalid. Mayor Datuk Yeo Boon Hai, who sat together with Native Chiefs Karim Ujud and John Anthony ordered the two respondents, Kwan Ngen Wah and Kwan Ngen Chung, to return their native certificates to the court to be disposed of.

The decision comes within a month of a similar outcome involving the "native cert" of ex-Sabah DAP Chairman, Jimmy Wong.

The court in an unanimous decision held that it has jurisdiction to hear the application for revision by applicant, Julita Tinggal, in accordance with Section 16 Native Court Enactment 1992.

The court held that based on the evidence submitted, there were doubts in the proceeding of granting native certificates on two cases bil:243/79 (B) and 243/79 dated Sept 5, 1979 under the name of Kwan Ngen Wah (second respondent) and Kwan Ngen Chung (third respondent).

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Julita, 57, had named the late Kwan Ah Hee and his two sons Kwan Ngen Wah and Kwan Ngen Chung as the first, second and third respondents in her revision application.

The court held that they were satisfied and believed the evidence by Julita and her witnesses as truthful testimonies while the testimonies by the respondents were dubious and conflicted with the documents tendered in court.

Therefore, the court ruled the said native certificates held by both Ngen Wah and Ngen Chung were invalid.

"In order to avoid any abuse, the court orders both Kwans to submit the said certificates to the court within seven days from Tuesday to be disposed of by the court.

"Any failure to comply with this order will be a contempt of court," the court held.

In her notice, Julita, a Dusun from Tuaran claimed she was not satisfied with the decision by the Kota Kinabalu Native Court on May 12, 1981 to declare the three respondents as Sabahan natives when the personal documents of the three respondents and/or of their grandparents and parents were all of Chinese descendants and not born as any of the natives in Sabah.

In her affidavit-in-support, Julita claimed that her application for such revision was because when she bought NT land at Latangan in Kinabatangan, Ngen Wah and Ngen Chung claimed that they bought the said land in 1992 and brought an action against her in the Civil Court.

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"Since my native rights have been affected by the action of the second and third respondents in line with their native certificates which were purportedly issued by the Native Court on Sept 5, 1979, I have locus standi to file for a revision on the native certificates of both the second and third respondents," said Julita.

She added that based on the documents in the application, the first respondent, who was the father of Ngen Wah and Ngen Chung, originated from China and only applied to be a Malaysian citizen in 1967, namely after both Ngen Wah and Ngen Chung were born in 1958 and 1960, respectively.

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