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10-10-2025
KOTA KINABALU : The Change Advocate Movement Sabah (CAMOS) today calls on Parti Warisan to include in its forthcoming election manifesto a firm commitment to reform the Native Court system and elevate its standing to be at par with the Syariah Court in terms of authority, structure, and resource allocation.
CAMOS president, Daniel John Jambun, in a statement said that the current Native Court system, which primarily handles matters of native customs and traditions affecting the Momogun and other indigenous communities, has long been treated as an inferior component of the justice system.
He pointed out the absence of proper funding, trained judicial officers, and institutional independence has undermined its ability to protect native rights effectively.
“For decades, native justice in Sabah has been marginalized. While the Syariah Court has evolved into a well-funded and respected judicial institution, the Native Court remains administratively weak, poorly staffed, and often subject to political control.
"This imbalance sends the wrong message — that native laws and customs are secondary in their own land,” he said.
Daniel stressed that reforming the Native Court is not merely a legal or administrative matter but a moral obligation to uphold the dignity of Sabah’s indigenous peoples.
"Former Chief Justice of Malaysia, Tun Richard Malanjum had also raised similar concerns, emphasizing that native chiefs and judges should be properly trained and appointed based on merit rather than political connection.
“As Tun Richard rightly pointed out, the post of native court judge or native chief must not be treated as a political reward for the ‘unemployable’, but entrusted to trained and qualified individuals who understand native law and custom," he added.
Daniel also said politicians should not interfere in these appointments — native justice must stand on professionalism, not patronage.
He also proposed that the reformed Native Court be institutionally linked with the Borneo Institute for Indigenous Studies (BORIIS) at Universiti Malaysia Sabah (UMS) to provide continuous education, training, and documentation of native laws and customs.
"This collaboration would help modernise the Native Court and professionalise its personnel, in line with global best practices.
"The Native Affairs Department be revamped, strengthened, and placed directly under the Chief Minister’s Office through the creation of an additional portfolio titled “Native Affairs and Syariah Law Ministry,” he said.
He said the ministry should be headed by an experienced, legally qualified, and passionate leader who is deeply knowledgeable about local customs and traditions.
“The Native Affairs Department must no longer be treated as a symbolic administrative unit. It must be elevated, empowered, and led by someone with both legal grounding and cultural understanding — someone who can truly bridge the gap between adat and modern governance,” he said.
He also highlighted that elevating the Native Court and reforming the Native Affairs Department would bring Sabah closer to compliance with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which Malaysia has endorsed.
“Reforming and empowering the Native Court is not only a constitutional necessity under MA63 but also an international obligation to uphold indigenous rights and justice,” he stated.
He also echoed Malanjum’s view that since most affected indigenous communities are non-Muslims, native affairs should be led by qualified non-Muslim professionals who are well-versed in native traditions and issues.
“This is about cultural understanding and proper representation — it is not about religion, but about ensuring justice is delivered by those who live and understand the adat of the people they serve,” he said.
He said historically both the colonial administration and the Malaysia Agreement 1963 recognised the distinct institutional roles of Muslim and non-Muslim natives in Sabah’s governance structure.
Strengthening the Native Court today would therefore restore that historical balance and reaffirm Sabah’s multicultural and multi-faith identity, he said.
Granting the Native Court equal institutional status with the Syariah Court would:
Strengthen recognition of native customary law (adat) as part of Sabah’s legal heritage;
Enable fairer and faster resolution of land, family, and community disputes;
Restore public confidence in the state’s justice system among Momogun communities; and
Uphold the spirit of autonomy and respect for native institutions under the Malaysia Agreement 1963 (MA63).
“Warisan has already shown commitment to good governance and native land protection through the proposed Land Tribunal. The next step is to institutionalize justice — by reforming the Native Court into a modern, independent, and professional body, just like the Syariah Court,” he added.
Daniel believes the reform will not only resonate strongly with Momogun voters across the interior, but also reflect Warisan’s broader vision of a just, inclusive, and united Sabah — where every community’s heritage and rights are respected equally.
Daniel John Jambun is President of
Change Advocate Movement Sabah (CAMOS)#~Borneo Herald™
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