DAP Sabah voices support for setting up of native land tribunal
Posted on February 9, 2012, Thursday (http://www.theborneopost.com)
KOTA KINABALU: DAP Sabah fully supports the call made by Chief Justice of Sabah and Sarawak Tan Sri Richard Malanjun on the setting up of a native land tribunal in Sabah.
DAP Sabah congratulates the Kadazandusun Chair and School of Social Science UMS and Pusat Sumber Adat dan Mediasi Kaum Anak Negeri Sabah (Pusaka), the organiser of the two-day symposium on Sabah Native Land Rights, and added that they were also very happy to note that all the speakers and their deliberations were well-thought and well-researched on the subject matters.
DAP Sabah feels that the issue of Sabah native land rights should have been discussed and resolved a long time ago.
“It is however better late than never. We think a tribunal will be more effective and efficient in disposing native land disputes. We see the need to legislate the tribunal so that it has the power to enforce the law. The members of the tribunal should be appointed by the Yang Dipertua Negeri and must be knowledgeable, especially in native customary laws,” DAP said.
DAP Sabah had always wanted to see the consolidation of the Native Court in Sabah as it is a very unique court and should be no less important when compared with the Syariah or Civil Courts.
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| Photo by Kombura |
“We heard sometime ago that there is plan to construct a permanent court house for the Native Court. We hope the government will expedite its construction to provide a conducive environment for dispensing native justice.
“We can see that the symposium has unravelled many issues that require urgent attention. For example, the definition of Sabah native by itself is a point of contention. It is therefore logical to first ascertain what
constitutes a native before we go further to discuss native
land rights. We feel that this important task is on the shoulder of the Sabah Native Court. If necessary the existing laws can be amended or even to
enact new laws to clarify this definition,” it said.
constitutes a native before we go further to discuss native
land rights. We feel that this important task is on the shoulder of the Sabah Native Court. If necessary the existing laws can be amended or even to
enact new laws to clarify this definition,” it said.
“DAP Sabah is glad that the issue of issuance of native certificate was deliberated at length. The children of mixed marriages between a native and non-native can now apply to the Native Court to be declared a native. That the information that the Native Court is the rightful place to seek or apply for the Native certificate is indeed timely,” it said.
DAP Sabah is concerned with communal land under Section 76 of the Sabah Land Ordinance, which was framed in 1930, and this should be studied in depth before implementation.
“Firstly the Chief Minister has absolute power to sanction communal lands.
Like in the State Budget, about 60 per cent of the budget is under his control.
As far as DAP Sabah is concerned there is no guarantee of transparency in this case.
“Even Chief Justice Tan Sri Richard Malanjun has stated that the success of communal titles depends on the honesty, integrity and sincerity of the implementers,” it said.
The government should review the issuance of communal land titles until these negative perceptions are removed. There must be transparency.
DAP Sabah wants the government to quickly resolve the NCR land issue.
“There are too many ways of looking at the issue. Basically, we know that NCR land is way beyond the land Ordinance, Forest Reserves and Sabah Parks. Again we feel that the Native Court is the right avenue to address this issue. It is our view that the natives should be protected and a favourable and humane approach to address them when they are found ‘encroaching’ into Forest Reserves and Sabah Parks,” it said.
Read more: http://www.theborneopost.com/2012/02/09/dap-sabah-voices-support-for-setting-up-of-native-land-tribunal/#ixzz1lqwKfs7g
