By Olivia Miwil
KOTA KINABALU: The newly passed Native Courts Bill provides a more comprehensive, modern and structured legal framework to strengthen the Native Court institution.
State Executive Council Member for Religious Affairs Datuk Mohd Arifin Mohd Arif said the existing enactment had been in force since 1992.
"After more than three decades, comprehensive reform is necessary to ensure that the customary justice system meets present-day needs without compromising the roots, identity and unique customs of Sabah's Native communities.
"What is being reformed is the institution and administrative procedures of customary justice, so that customs can continue to be preserved and implemented through a court system that is more organised, fair and credible," he said in his winding-up speech.
Mohd Arifin, who is also the Local Government and Housing Minister, said the Bill streamlines the hierarchy of the Native Courts through the establishment of the Native District Court, Native High Court and Native Court of Appeal, providing clearer definitions of each court level.
In terms of judicial appointments, the Bill introduces the Native Judicial Appointments Advisory Committee to promote transparency based on merit and qualifications.
"The role of Tetua (customary elders) continues to be recognised, as their knowledge of customary law is an essential element in the administration of customary justice.
"Through the establishment of a Register of Tetua, their appointment and participation can be carried out in a more uniform, orderly and merit-based manner."
Earlier, appointed assemblyman Datuk Roger Chin said the Bill was far more than a replacement for the Native Courts Enactment 1992, as the reforms demonstrated that the government had approached the exercise not merely as an administrative review.
"It is a serious effort to strengthen the institutional foundations upon which Native Customary Law will be administered for generations to come."
Datuk Donald Mojuntin (Upko-Moyog) said the decision and documents issued by Native Courts should be recognised by all federal government agencies, particularly the Immigration Department and National Registration Department.
He said there were couples who had tied the knot through the Native Courts but were later advised to remarry under civil law solely to fulfil administrative requirements.
Datuk Seri Wilfred Madius Tangau (Upko-Tamparuli) also proposed the inclusion of a new subsection to expressly provide that the conversion of one spouse to another religion does not, by itself, terminate the jurisdiction of the Native Court over a marriage solemnised under customary law.
"This amendment would provide legal certainty that the Native Court continues to have jurisdiction over marriages solemnised under customary law.
"The conversion of one spouse should not automatically extinguish the Native Court's jurisdiction. The purpose of this proposal is not to create overlapping jurisdictions, but to ensure that justice remains accessible to all parties."
Isnaraissah Munirah Majilis (Warisan-Usukan) proposed that comprehensive guidelines be developed to serve as a central reference for all parties due to Sabah's diverse backgrounds.
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