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MIRI – The native court of Sarawak should not be placed under the purview of a minister in the Chief Minister’s Department, said native rights activist and senior lawyer Abun Sui.
Branding it an unhealthy development, Sui, who is also state PKR information chief, today said a minister should not be directly in control of native laws, as doing so would compromise the court’s impartiality.
Speaking to The Vibes, after attending a native court proceeding, Sui suggested that an independent panel of native law experts should oversee the court instead.
In Sarawak, the native court handles cases pertaining to customary laws, land disputes within the community, control of native assets, traditional boundary rights and the likes.
These native court cases are presided over by community heads such as longhouse chiefs, penghulu, pemanca and similar portfolios.
“To have the native court under the control of the minister in the Chief Minister’s Department means the chief minister is ultimately in control of proceedings governed by native laws.
“That will jeopardise the independence of the native court,” he said.
In Sarawak, we have quite a number of non-governmental law experts on native rights issues, academicians with a vast experience on such native customary laws, and senior community heads renowned in their societies.
“Why can’t the Gabungan Parti Sarawak government form an independent body comprising these individuals to oversee the native court?
“Having the Chief Minister’s Department in direct control of the native court may put it at risk of becoming a venue for political purposes.” – The Vibes, January 3, 2022
