Strong political will lacking

Kota Kinabalu, Jan 6, 2011: Sepanggar MP Datuk Eric Majimbun called for a strong political will to resolve the issue of the abuse of the Native Certificate by those who are not qualified that led to its freeze since 1982.

This includes the repeal of those certs obtained by bogus natives through fraudulent means, as provided under Section 3 of Chapter 64 of the Interpretation (Definition of Native) Ordinance 1952.

"This, in turn, would regulate any proceeding and dealing pertaining to the status of Native or Anak Negeri. The only problem is that the previous and the present State Government had no political will to solve the problem, thus jeopardising the position of majority genuine natives through mixed marriage parents of one of whom is Native of Sabah.

This is also to disqualify the children of those who purchased their Native Certificate through dubious means," Majimbun said.

"Scrutiny and appeal is to be proceeded to Native Court or even to the Native Court of Appeal which could be presided by the Judge of the High Court of Sabah and Sarawak," Majimbun said.

"For the sake of the native Malaysians in Sabah, I urge the State government to uphold the uniqueness and the integrity of the Native Court," he urged in a statement.

He noted that under the present system of Native Court, any proceeding or verdict by the Native Court could be appealed firstly through the District Native Court which is presided by the District Officer, or it could further appeal through Native Court of Appeal where hearing to be presided by the Judge of the High Court of Sabah and Sarawak with two assessors from any Native Courts.

"The Native Court has the authority and instrument under the Natives Court Enactment 1992, Natives Court (Practice and Procedure) 1995 and also the Administration of Native and Estates Ordinance.

So there is no question of the Native Court as having no power against any wrong doing, dubious or fraudulent means with regards to the native of Sabah," he asserted.

He also reiterated that the Government should uphold and uplift the Native Court to be at par with any judicial system in the country.

The former District Chief of Kota Kinabalu further noted that the Native Affair Office or Jabatan Hal Ehwal Anak Negeri should have the knowledge on those with bogus native status because it was from this office that District or Native Chief and village heads were appointed.

He then noted that though the number of the bogus natives is not as many as the bona fide natives from mixed marriages, they (bogus natives) are nonetheless robbing the genuine natives of their right in many aspects, including the purchase of native title lands in vast number, besides educational opportunities and scholarships and economic incentives meant solely for the natives of Sabah.

For the same token, the freeze of the Native Certificates by the previous Berjaya administration in 1982 had inevitably deprived these bona fide natives of mixed parentage of their rights to such privileges.

The natives of Sabah included those who were born of mixed parentage.

They included the Sino-Kadazan or Dusun, Indian-Kadazan or Dusun, Sino-Murut , Pakistan -Bajau, American-Murut, English-Brunei, Arab-Idahan, Filipino-Kadazan and similar cases.

Majimbun who is also a deputy president of Sabah Progressive Party (SAPP) also stressed on the importance of preserving the unique identity of the Sabah natives.