About time native court is changed to Dayak native court

QUICK TAKE: If a change must be made to the native court, it should be changed to “Dayak native court” in line with the recent change of the term “lain-lain” to the term “Dayak” in all government official forms.

This is the second step towards recognising the existence of and the role played by Dayaks in the country.

But is the state government prepared to do that?

So far there is no response from the state BN ministers and leaders to the recent call by the Chief Judge of Sabah and Sarawak Tan Sri Richard Melanjun to make the native courts of Sarawak on par with the civil court.

Melanjun had said that the native courts were still relevant today to ensure that they were custodians, and the “survival” of the customary laws handed down from generations.

He said that the courts were still relevant considering that Sabah and Sarawak had an estimated bumiputera population of about five million that were still practising native customs.

It is therefore surprising to note that Dayak ministers and leaders in the Barisan Nasional have yet to respond to the call. Perhaps they think it is of little relevance to them and to the Dayak community.

Making the native courts on par with the civil courts is even more important than changing the term “lain-lain” to the term “Dayak” in official government forms.

As the Malays have their own courts, the native courts which affect the non-Muslims should be renamed. After all, all the non-Muslim natives are now known as “Dayaks”.

Meanwhile, in expressing his support to Melanjun’s proposal, Paul Raja, head of the DAP land bureau, said that it was timely to elevate the native courts to a full-fledged judicial system in line with its progress and global development in recognising native land rights.

“The way forward is for the government to fully comprehend, recognise and adopt the principle of legal pluralism. Under this principle, there will be other courts existing apart from the civil courts and fully recognised and accorded the dignity, power and jurisdiction,” said Paul, who is also a native customary land lawyer.

He said that under the DAP Dayak Blueprint point 3(f) “the native courts shall be accorded the proper functions, status and dignity in the national judicial system”.

He said that to realise this proposal of the chief judge, certain legislative actions have to be made by passing laws establishing the native courts as a separate judicial system.

Under the Courts of Judicature Act, 1964, the Federal constitution may have to be amended to include recognising the native judicial system.

“Among the important issues that must be done is to ensure that the native court is independent from any possible interference. It must be recognised as one of the three arms of the government, namely, the judicial besides the legislative and the executive,” he said.

As an independent arm of the government, the issue of administration of the native court and the cases no longer arise.

On many occasions, the reason given why cases cannot move forward is that there is no budget for the court to operate.

Presently, at the district and resident court levels, the native court staff are the staff of the district offices. With the recognition and operation of the native court as a separate judicial entity, it will then be managed by its own staff.

The judicial officers of the court must also be properly appointed, Paul said, pointing out that certain criteria must be in place to ensure that those appointed are properly qualified.

“In order to ensure that knowledgeable officers are appointed, perhaps an academy of native rights and customs may be established to provide a supporting role.

“It is hoped that government will look into this and proceed to establish it accordingly,” he said.-The Ant Daily