Native Court exceeded its powers: NGO

Daily Express

26-07-2025

Published on: Saturday, July 26, 2025
Published on: Sat, Jul 26, 2025
By: Jonathan Nicholas Text Size: Thien (second left) with Hishamuddin (middle) and Jerry (second right) during the press conference. Kota Kinabalu: A long-established local transport company, once seen as a pillar of the Keningau community, is now battling for survival following a controversial Native Court decision that family members and legal observers say may have exceeded its jurisdiction. The company, co-founded and run for over two decades by 75-year-old Thien and his five siblings, is now at risk after a 50pc stake originally entrusted to a younger brother for administrative ease was transferred to the brother's widow following his death in 2020. The transfer was done via an order issued by the Keningau Native Court. Human rights NGO Malaysia International Humanitarian Organisation (MHO), which is now assisting the Thien family, alleges that the Native Court acted outside its legal bounds when it authorised the transfer of company shares and other assets. The widow, who now controls the stake, has reportedly indicated intentions to sell, cutting off income to the siblings who still operate the company daily. 'The Native Court is only meant to handle matters relating to customary law marriage, land and family disputes. But corporate shares is strictly civil court territory,' said MHO Secretary General Datuk Hishamuddin Hashim at a press conference. MHO cited multiple legal provisions, including Section 5(1) of the Native Courts Ordinance 1967 and Section 9 of the Native Courts Enactment 1992, which explicitly limit the Native Court's authority. The laws state that the court has no jurisdiction over civil matters, including corporate ownership and probate administration, which fall under the Probate and Administration Act 1959. Despite this, a Schedule 3 heirship order was issued by the Native Court in 2021, followed by legal challenges that were dismissed earlier this year. 'This was a business built from the ground up by a rural family who trusted each other,' said MHO Sabah Coordinator Captain (R) Jerry Jaimeh. 'When the younger brother died, they assumed the process would be fair. Instead, they were locked out of ownership while still running the buses and maintaining the operations,' he said. The company, best known for operating buses on the Keningau-Kota Kinabalu-Menumbok route, was started in 2000. It remains operational with Thien still driving buses himself despite his age. Family members say the most painful part is not the loss of income, but the loss of recognition. 'We were never informed of the court proceedings. Had we known, we would have applied for a Letter of Administration through the civil court. But by the time we found out, the shares were already gone,' said another sibling. The widow, 50, has one adopted child and has reportedly attempted to block the family's access to dividends or company earnings. Attempts at internal resolution failed, prompting the family to seek outside help. MHO has submitted formal letters to the Sabah Native Affairs Department, calling for a review and clarification on the limits of Native Court jurisdiction in asset and corporate matters. Hishamuddin clarified that they are not attacking the Native Court which is vital in the Malaysian judiciary system similar to the Penghulu Court in the peninsula. 'But when jurisdiction is stretched into civil domains, it sets a dangerous precedent especially for rural communities with limited legal awareness,' he said. 'MHO fears that if unresolved, the issue may lead to the collapse of the family business despite its current solvency and a chilling effect on other indigenous families running enterprises. 'There needs to be a clear separation between customary and civil law. Otherwise, more hardworking families like Thien's will be left without recourse, losing not just assets but dignity,' Jerry added. The Native Affairs Department has yet to respond to MHO's letters as the family is weighing further legal options. Any civil court challenge could take years, time the business may not have. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
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