Kota Kinabalu: Bugaya Assemblyman Jamil Hamzah questioned the requirement that Adat officers be born in Sabah, asking why birthplace alone should disqualify a qualified native candidate.
Debating the Majlis Hal Ehwal Anak Negeri Sabah (Amendment) 2026 Bill, he pointed out that the Bill required an Adat officer to be a citizen, a native, born and domiciled in Sabah and to have sufficient knowledge of native customs and law.
“Sufficient knowledge is too general a phrase if a measure does not back it,” he said, asking whether it would be judged through experience, qualifications, language skill or training.
He questioned the birthplace rule, citing cases such as a Sabah native born in Kuala Lumpur due to medical treatment or the child of a Sabah civil servant born while the father was posted abroad.
“If they have mastered the customs, language and customary law, why should the place of birth alone close the door,” he said.
He said the Government must justify the requirement so that the State does not lose good candidates because of a birth circumstance beyond their control.
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He also asked how Adat officers would be appointed from among civil servants and what role the State Public Service Commission would play under Article 37 of the State Constitution.
“A simple question. Who appoints, who reviews and who is responsible,” he said.
Additionally, he proposed that the State Government set up a digital archive to preserve Sabah’s native customs.
He welcomed the amendment to Section 4 expanding the Native Affairs Council’s role in customary education, but said such education should not stop at seminars and brochures.
“The Government must also establish a digital archive of Sabah’s customs, record the testimony of customary figures and train the younger generation in a language they understand,” he said.
“When a customary figure passes away without their knowledge being recorded, we do not just lose a person, we may lose a library that was never printed,” he added.
He said standardising terminology should not turn into standardising all customs, since Sabah does not have a single custom with a single face.
“Standardise the procedures of justice, do not standardise identity,” he said.
Jamil also raised the Bill’s provision allowing the council to recommend a head to the Native Court Chief Justice, saying the criteria for the role must be clear, covering knowledge of customs, integrity, community acceptance and freedom from conflict of interest.
He asked whether communities could nominate candidates or object to appointments and how a head could be removed for misconduct.
“A head must not be chosen for being close to power. A head must be respected for being close to knowledge and trusted by the community,” he said.
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