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Table enactment to strengthen Native Court institution - Anak Negeri
Table enactment to strengthen Native Court institution - Anak Negeri

Borneo Post

time26-06-2025

  • Politics
  • Borneo Post

Table enactment to strengthen Native Court institution - Anak Negeri

Trevor TUARAN (June 26): Parti Kerjasama Anak Negeri expresses deep concern and growing frustration over the continued uncertainty surrounding the tabling of the Native Courts Enactment 2025 (NCE), particularly as the review process by relevant state departments is understood to have been completed and the draft ready for presentation. With the current term of the Sabah State Legislative Assembly expected to conclude by the end of this year, and only one more sitting scheduled in July, the absence of any official confirmation regarding the tabling of the NCE is deeply troubling and unacceptable. 'It must be recalled that in 2024, the Sabah government publicly announced the establishment of a Native Judicial Department as part of its initiative to elevate the Native Courts to a status equal to the civil and syariah courts. This commitment was reaffirmed by the Chief Minister during the Kaamatan Festival in Tambunan on 1 May 2025, where the announcement was met with thunderous applause – a clear reflection of the strong grassroots support and the deep cultural importance of the Native Court institution to the anak negeri communities,' said Trevor Maringking, Secretary-General of Parti Kerjasama Anak Negeri. Despite these public commitments, the Ministry of Local Government and Housing and its minister remain silent, with no clear direction or timeline regarding implementation of these initiatives, which are evidently in the best interest of Sabah's indigenous population. The proposed NCE aims to replace the outdated Native Courts Enactment 1992 with a more robust structure, expanded jurisdiction, and institutional reforms that will finally recognise the Native Courts as an equal and functional part of Sabah's justice system – rooted in cultural identity, native customs and indigenous dignity. Previously, Anak Negeri president Datuk Henrynus Amin had demanded for a clearer legal definition of 'Sabah native,' while Dr Edwin Bosi, the party's west coast coordinator, highlighted the alarming condition of the Native Court Training Institute. With this latest urgent call for immediate tabling of the NCE, Anak Negeri continues to push for meaningful institutional reform and rejects any complacency on the part of the government in this matter. Trevor further emphasised: 'Anak Negeri wishes to make it clear: speeches are no substitute for legislation. The empowerment of the Native Courts institution requires legal recognition – not political rhetoric. Any further delay or reluctance to table this landmark enactment will erode public confidence and may be perceived as a betrayal of the aspirations of Sabah's indigenous communities.' Anak Negeri also points to the precedent set by previous administration, which boldly established a Ministry of Law and Native Affairs. The party is committed to advocating for such a ministry to be revived by the next government. Failure by the current administration to act on its publicly declared initiatives or to match the past government's commitment will be seen as a serious regression in the development of native rights and governance. The party also calls on all native leaders' representatives — especially those from the ruling coalition — that they must unite to honour all publicly announced commitments made by the government and to fulfil their moral and political responsibility to stand with their communities by ensuring that the Native Courts institution is strengthened and legally empowered as promised especially in this important year. 'Parti Anak Negeri will continue to monitor this matter closely and will not remain silent. We will ensure that the voices and aspirations of the anak negeri communities are heard until the Native Courts Enactment 2025 is tabled and passed and the dignity of the Native Courts institution is restored to its rightful place in Sabah's judicial landscape,' added Trevor.

Minister: S'wak Native Courts' transformation awaiting legal clearance
Minister: S'wak Native Courts' transformation awaiting legal clearance

Borneo Post

time26-05-2025

  • Politics
  • Borneo Post

Minister: S'wak Native Courts' transformation awaiting legal clearance

Dato Sri John Sikie Tayai – Chimon Upon KUCHING (May 27): The transformation masterplan for Sarawak Native Courts is unable to proceed at this stage as the draft Bills for two proposed laws are still under review by the State Attorney-General's Chambers. According to Minister in Sarawak Premier's Department Dato Sri John Sikie Tayai, the proposed legislations are the New Native Courts Bill, intended to replace the current Native Courts Ordinance 1992; and the New Native Courts Judges Appointment Council and Native Courts Judges Remuneration Bill, set to govern the appointment and service scheme of Native Court judges. 'The ultimate objective of this transformation agenda is to restructure the current Native Courts and eventually, elevate their status to that of an independent and full-fledged judicial institution on par with the civil and Syariah courts,' he said in his winding-up speech at the DUN sitting yesterday. He added that this masterplan would be implemented in three phases over the next several years. 'The first phase requires the enactment of new state laws and amendments to existing legislation as the foundation for the restructuring process,' he clarified. Sikie, the Kakus assemblyman, also hailed the transformation and restructuring of the Native Courts as 'vital' in ensuring that 'justice would be served equitably across all segments of Sarawakian society'. 'Elevating the Native Courts to be on par with the civil and Syariah courts will uphold the dignity of native laws and ensure native communities have access to a competent, professional and respected judicial system.' He added that until the passing of the new Native Courts Bill in the august House, the Native Courts would continue to operate under the current Native Courts Ordinance 1992 and Native Courts Rules 1993. DUN sitting John Sikie Tayai legal fraternity Sarawak Native Courts

‘Real reforms still key to success of Native Courts'
‘Real reforms still key to success of Native Courts'

The Star

time04-05-2025

  • Politics
  • The Star

‘Real reforms still key to success of Native Courts'

KOTA KINABALU: The move to review the law on the Native Courts should focus on reforming and strengthening its power over customary matters such as inheritance, marriage and native land ownership, says a lawmaker. In welcoming the state government's move to amend the Native Court Enactment 1992, Libaran MP Datuk Suhaimi Nasir said any change must go beyond administrative restructuring and deliver meaningful reforms that uphold the rights and identity of Sabah's indigenous communities. 'The appointment of Native Court chiefs and judges must be carried out transparently, free from political interference, and based on merit as well as deep understanding of indigenous customs,' he said. Without sufficient budget and support, Suhaimi warned, any new enactment risks remaining on paper. 'The Native Courts must be equipped with qualified personnel, proper facilities and ongoing training to function effectively,' he said. Reform efforts, Suhaimi added, must also include open consultations with indigenous community representatives, village chiefs and grassroots leaders who truly understand the realities on the ground, rather than relying solely on top-level discussions.

Native court reforms in Sabah must uphold indigenous rights, says MP
Native court reforms in Sabah must uphold indigenous rights, says MP

The Star

time03-05-2025

  • Politics
  • The Star

Native court reforms in Sabah must uphold indigenous rights, says MP

KOTA KINABALU: A call has been made to ensure that efforts to amend the Native Court Enactment 1992 deliver meaningful reform that upholds the rights and identity of Sabah's indigenous communities. Welcoming the state government's decision to review the law, Libaran MP Datuk Suhaimi Nasir said reforms must focus on strengthening the Native Court's jurisdiction over customary matters such as inheritance, marriage, and native land. "The appointments of Native Court chiefs and judges must be carried out transparently, free from political interference, and based on merit as well as a deep understanding of indigenous customs," he said. Without sufficient budget and support, he warned, any new enactment risks remaining on paper. "The Native Courts must be equipped with qualified personnel, proper facilities, and ongoing training to function effectively," said Suhaimi. He added that reform efforts must include open consultations with indigenous community representatives, village chiefs, and grassroots leaders who truly understand the realities on the ground. He also advised against using the reform as a political tool during festive seasons like Kaamatan, stating that Sabah Umno will closely monitor the process to ensure it benefits the indigenous population and not just serve as political capital. "Do not change the name and neglect the function," he said.

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