Points to ponder

Syed Kechik among those who exploited Native Cert loophole


Kota Kinabalu: Loopholes in the law are among reasons why the Sijil Anak Negeri or Native Certificate (SAN) in the past was abused.

Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjum said the law states that if foreigners such as from the Philippines or Brunei have been residing in the State for five years, they could apply for the certificate to state they are natives of this State.

Which explains why former Yayasan Sabah Director Tan Sri Syed Kechik, who is from Peninsular Malaysia, also has a native certificate. Fortunately, this loophole was plugged after the Government stopped the issuance of the SAN in 1982.

The Sijil Anak Negeri certificates previously were issued to genuine bumiputeras to protect their rights such as in land matters.

"There is also provision in the law, the term bumiputera or native in Sabah is defined in at least three statutes," said Malanjum at the District Chiefs and Native Chiefs Conference at Wisma Muis, Thursday.

But unlike the State's counterpart Sarawak, he said the natives there were defined as those who only originated from the State such as the Iban, Bidayuh and Melanau, among others.

He said Sarawak is strict and does not consider Filipinos or Indonesians as natives of Sarawak.

On other developments, he said that the Native Courts could probably clear some of its backlog cases by applying methods used by the Civil Court.

He said normally what the Civil Court does is retrieve files that have not been settled yet and make a master list before setting a date to call for hearing.

If the parties involved in the case failed to respond to the call, the case would be dismissed. "Maybe the Native Courts should take a similar approach," he said.

Meanwhile, Malanjum described the three-day conference as critical since it provides a forum to determine the current position on native laws and customs including their usage and relevance to the present generation of natives.

He said if the conference were to be held annually it could be considered as the Native Law Advisory Council with the main function of giving advice to the authority that manages the affairs of Native Courts.

Such a body, he said existed during the rule of the North Borneo Chartered British Company.

He said it appeared that for the last three years, the rough estimate ratio of cases to that of the native population of Sabah is 4,238:1.2 million or 35 per cent.

"There was a marked increase in cases registered between 2003 and 2005 and then a decline thereafter," he said.

Some districts seem to be receiving more cases than in other districts. The reasons for such trend might be worth examining, he added.

"Is it because of the slow adaptability and applicability by the native laws to the changing economic and social conditions in Sabah thereby generating apathy and loss in confidence in the Native Courts?" he asked.

Or he said it could be due to the thinking that native laws and customs were meant for the past and no longer relevant and necessary today.

"Or is it due to the increasing number of younger natives now preferring to live in town areas? I hope not," he said.

In other countries, Malanjum said interest was growing in the revival and development of indigenous laws.

Citing Canada, he said 'the one thing native people cannot legally do is bargain away their aboriginal rights, treaty rights or reserved land to anyone, other than the Crown in right of Canada'.

He also said that the number of appeals to the Native Court of Appeal is also declining where last year there was only one appeal, which was in Keningau.

He questioned whether it was due to the long delay by the court in disposing the appeals.

Malanjum said if a transformation of the Native Courts is to be seriously considered then the reason or reasons for the downward trend required finding.

"Maybe a working committee can be set up with the main task of examining the present state of the native laws and customs and what changes need to be done," he said.

While some positive steps had been taken by the State Government towards this end, he said the relevant State authorities charged with managing the affairs of the Native Courts could work together with the study committee of the Law Faculty of the Universiti Institut Teknologi Mara (UiTM).

Also, he said it is worthwhile to consider placing the management of the affairs of the Native Courts, District and Native Chiefs under one authority.

This is to prevent the issuance of conflicting policies for Native Courts. This news is from HERE


My Say:

The certificate was issued to Syed Kechik by the Kota Kinabalu Native Court. Recents reports also indicated that there were many certificates issued after it was frozen by the government.

Current Kota Kinabalu City Native Court's chief judge OKK William Majimbun had disclosed that quite a number of fake certificate holders came to see him for verification but rejected them as their certificates were not recorded in the court's registry.

Most of the holders of the certificates were from Sarawak who used the certificate to qualify them to buy land belonging to the Native of Sabah.