Special Native Courts Department soon
Published on: Thursday, February 15, 2024
By: R Gonzales
Hajiji said Ketua Adat had a significant responsibility in the effort to enhance social prosperity and native customs, which has a positive impact on the local community.
Tuaran: The State Government is setting up a Native Court Judicial Department so that native courts will enjoy equal status as civil and syariah courts.
Chief Minister Datuk Seri Hajiji Haji Noor said the transformative move this year would not only dignify Native laws but add prestige to the Ketua Adat (customary chiefs) in the court.
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“A special committee has been set up through the Sabah Native Affairs Council (MHEANS) to formulate, amend and revise related enactments and ordinances.
“The move will make Native Courts on par with Civil and Syariah courts,” he said at the closing of a Leadership Transformation course for Ketua-ketua Adat (Customary Chiefs) at the Bajau Samah Cultural Centre, Kg Lok Batik, here, Wednesday.
Some 258 Ketua-ketua Adat comprising three District Chiefs, 20 Native Chiefs, 40 Native Chief Representatives, 194 village heads and a Kapitan from Pantai Dalit, Sulaman, Tamparuli and Kiulu attended.
Native courts system in Sabah which was established during the early part of the British Chartered Company’s presence and continued to this day oversees matters such as land disputes as well as those of a personal nature.
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Punishment is usually in the form of sogit or compensation such as a buffalo or pig or its equivalent depending on the nature of the offence.
It cannot hear cases which come under the penal code such as sexual assault, murder and other grievous crimes.
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In the past there have been instances of the Ketua Adat being political appointees and being biased or meting out judgments without legal background or knowledge.
The course was held to equip them with knowledge and understanding of the state’s native customary laws.
Hajiji said Ketua Adat had a significant responsibility in the effort to enhance social prosperity and native customs, which has a positive impact on the local community.
“The Ketua Adat can play a strategic role in guiding, supporting and encouraging the empowerment of the local community allowing them to contribute to the Hala Tuju Sabah Maju Jaya (SMJ) agenda,” he said.
Hajiji commended the Sabah Native Affairs Department, especially the Sabah Native Court Training Institute (ILMAN) for organising the course in collaboration with MHEANS and the District Office, which is an important step towards ensuring the Ketua-ketua Adat are equipped with knowledge and understanding to face new challenges.
“This will also go a long way in ensuring the State Native Customary Laws continue to be adhered to and respected. I hope the participants will put into practice all the knowledge acquired during the course to their respective areas.
“Your role as the Ketua Adat and village head is becoming more challenging, hence requiring sound leadership and wisdom to create a harmonious, peaceful and united community.”
Hajiji said he wished to see, as an outcome of the course, the Tuaran, Kiulu and Tamparuli Native Courts become a benchmark for other native courts in the state.
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