Its Sabah chairman Datuk Dr Jeffrey Kitingan said Akjan was again in one of his inventive modes to confuse Sabahans in his fight for the wrong things.
“As I have been inundated with many telephone calls from my constituents who are very unhappy with Akjan’s reference to Suluks as first class natives of Sabah, I have to make a defence for true Sabahan natives,” Jeffrey said.
He said Sabahans only need to refer to the law on the interpretation of natives, and that the assertion that the Suluks are “first class natives” was not only a gross manipulation of definitions that was highly mischievous, misleading and misconceived because nowhere it was stated in the Interpretation (Definition of Native) Ordinance (Sabah Cap. 64) that this was so.
“Section 2(1)(a) of the ordinance says that any person both of whose parents are or were members of a people indigenous to Sabah could be considered as the original, pure. Or first natives because there was no need for them to make an application to the Native Court for the Native Ceritificate or Sijil Anak Negeri,” Jeffrey said.
“Now the exact text of Section 2(1)(c) quoted by Akjan states that ‘any person who is ordinarily resident in Sabah, is a member of the Suluk, Kagayan, Simonol, Sibutu or Ubian people or of a people indigenous to the State of Sarawak or State of Brunei, has lived as and been a member of a native community for a continuous period of three years preceding the date of his claim to be native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act.’
“The person described here must therefore fulfill the requirement of: (1) ordinarily resident (not transient); (2) has lived as member of a native community for continuous period of three years, and; (3) of good character and not illegal (in compliance with Immigration law).”
Jeffrey stressed that a further requirement is that such person can only claim to be a native upon being declared by the Native Court as provided under Section 2(3) which states that: “No claim by any person to be a native by virtue of the provisions of paragraph (b), (c) and (d) of subsection (1) shall be recognized as valid UNLESS supported by an appropriate declaration made by a Native Court under Section 3.”
“With due respect, all those claiming to be natives under section 2(1) (b), (c) and (d) of the Interpretation (Definition of Native) Ordinance must apply to the Native Court who shall make the requisite declaration with the issuance of the Native Certificate.
“Let me emphasize for those in categories (b), (c) and (d) above only when they have in their possession the Native Certificates will they have the legal standing to call themselves natives,” he said.
“As such Akjan is wrong in making a blanket definition that all Suluks are natives, let alone first class natives. Under the meaning of true natives of indigenous people, Suluks are definitely not within the list of Sabah’s indigenous peoples, or original peoples,” Jeffrey added.
Akjan should be stripped of his citizenship
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