Native Court reform long overdue, says Momogun National Congress

Borneo Post

06-05-2025

Wences
KOTA KINABALU (May 5): The Momogun National Congress (MNC) has expressed strong support for the Sabah government's plan to implement the Native Court reform, replacing the current outdated Native Court Enactment.
Its president, Tan Sri Wences Angang, sees the development as a momentous and historic development for the strengthening of the native administration in the state which should be heartily supported by all native or Momogun institutions.
'It's a historic change that is long overdue,' he said in a statement. 'It's high time the Native Court is reformed to function as a proper government body and should no longer remain as an avenue for political appointments. Its administration has long been in disarray due to the frequent replacement of its personnel after every state general election.
'By upgrading the Native Court to the same status as the Syariah Court, establishing its staffing with permanent and pensionable personnel, we will see a new era of a more efficient and stronger jurisdiction over customary affairs, most crucially in matters of inheritance, marriage, and native land in the respective districts.'
Chief Minister Datuk Seri Hajiji Noor recently announced that the Sabah Native Court Enactment 1992 will be replaced with a new version to streamline the court's structure and strengthen its role.
The draft of the 2025 enactment is under review by relevant state departments before being presented to the State Cabinet and Legislative Assembly.
Wences, who is also a former Deputy Chief Minister, also fully supported the statement by Libaran member of parliament Datuk Suhaimi Nasir who said the Native Courts must be equipped with qualified personnel, proper facilities, and ongoing training to function effectively, and should cease being used for political purposes.
Wences proposes that each district's Native Court should include a research and development section to continuously monitor social changes affecting customs and tradition in order to remain relevant.
He said this in line with Suhaimi's reminder about the need to constantly include open consultations with indigenous community representatives, village chiefs, and grassroots leaders who truly understand the social realities on the ground.
Wences also said that while appointments of Native Court chiefs and judges should be carried out transparently and free from political interference, the enactment should also provide that all Native Court personnel must be appointed from among natives who practice the customary laws they will be administering.