INANAM Assemblywoman Edna Majimbun said the Majlis Hal Ehwal Anak Negeri Sabah (Amendment) 2026 Bill comes at a timely point, having seen firsthand how customary law resolves community disputes peacefully in her constituency.
“In the area I represent, I have seen for myself how Adat and native customary laws are not just a heritage of tradition but a system of values and social harmonisation that resolves community disputes peacefully,” she said when debating the Bill.
“However, the true success of this amendment Bill depends entirely on the quality of its implementation,” she added.
Edna said every Bill that brings real benefit to the people and strengthens state institutions deserves to be assessed on its merit and importance to Sabah.
She said the Bill was not merely a routine amendment but a strategic effort to modernise and empower the administration of the Majlis Hal Ehwal Anak Negeri Sabah in line with the needs of the times without compromising traditional values.
She touched on three main aspects of the proposed amendments, beginning with the expansion of council membership under Section 6(1)(F), which proposes increasing membership from six to not more than nine members possessing specific knowledge of native customs and customary law.
Advertisement
“This increase in membership provides room to create more balanced and inclusive ethnic and demographic representation,” she said.
She noted that compared to Sarawak, which has a larger customary management body in terms of composition, the proposed increase was reasonable to reflect the unique diversity of Sabah’s native communities.
She said the new Section 5A creates the post of native affairs officer from among state civil service personnel, who will be given clear legislative authority to receive and investigate reports of customary law violations and to initiate, conduct or discontinue proceedings for an offence in the Native Court.
She said this tidies up the separation of powers and strengthens the investigative and prosecutorial machinery for customary matters more professionally and separately from the judiciary.
She also welcomed the amendment to Section 4, which adds two functions for the council, namely advising the State Government on customary education and providing a formal basis to document, digitalise and educate the younger generation on native customary law.
She said the amendment also allows the council to recommend the appointment of elders to the Native Court Chief Justice, ensuring elders who assist the native appellate court are selected transparently through the recommendation of an experienced council.Edna put forward several recommendations for the State Government’s attention.
She said the three new council positions should reflect ethnic and regional balance across districts and combine experienced customary leaders with legal professionals, academics and customary researchers.
She said appointments of council members and native affairs officers must be based on merit, deep expertise, experience and high integrity so that every piece of advice and enforcement action taken is trusted by the people.
She also called for the Government, through the council, to carry out strategic collaboration with institutions of higher learning and the Native Court to collect, translate and digitalise Sabah’s customary heritage so it is not lost to modernisation.
“Adat is not merely a memory of the past but a pillar of identity and unity for the people of Sabah,” she said.
“Strengthening the Majlis Hal Ehwal Anak Negeri means we are strengthening the harmony and stability of the State we love,” she added, expressing confidence the amendment would make the council more inclusive, credible and responsive to current challenges.-Sherell Jeffrey
.png)
