Native laws need to be reviewed

KUCHING - The Chief Judge of the High Court of Sabah and Sarawak Tan Sri Datuk Seri Panglima Richard Melanjun suggested that the current set of native laws should be reviewed in order to keep up with the time and modernisation.

He said that the native courts of Sabah and Sarawak are still active, but the laws need to be relevant in modern society.

“The native laws are good for the rural folks so that they do not have to go to town to acquire justice,” he said at the launch of a ‘Business Law’ textbook and stressed that the native laws must be maintained to preserve native cultural heritage in Sabah and Sarawak.

Native laws have been around for quite awhile, but they have not been taken care of, he lamented.

“We need to refurbish the native laws, keep the good ones and put aside others. If they are not reviewed or updated, people may not use them anymore one day,” he said.

The native courts in Sarawak were divided into Headman’s Court, the Chief’s Court, the Chief’s Superior Court and the Native District Court.

(a) A Headman’s Court may be constituted by a Tuai Rumah sitting with two assessors. It may impose fines not exceeding RM300 (three hundred ringgit).

(b) A Chief’s Court may be constituted by a Penghulu sitting with two Tuai Rumahs to assist him. It has power to impose imprisonment not exceeding six (6) months and a fine not exceeding (RM2,000) two thousand ringgit.

(c) A Chief’s Superior Court may be constituted by a Temenggong or a Pemanca, or both Temenggong and Pemanca sitting in either case with two assessors. It has power to impose imprisonment not exceeding one (1) year and a fine not exceeding RM3,000 (three thousand ringgit).

(d) A District Native Court shall consist of a magistrate and two assessors. It has power to impose imprisonment not exceeding two (2) years and a fine not exceeding RM5,000 (five thousand ringgit).

Jetty’s comment: We agree that the Native laws need to be updated and the Native courts to be given proper respect. I have bitter experiences with a Chief’s Court in Simunjan way back in 1996/1997. A Penghulu, who presided the case and assisted by two Tuai Rumahs, did not know his law. He told me “alah nuan” (you lost the case). No reasons were given why I lost the case. “Nuan enda puas ati, nuan tau ngapil” (If you are not satisfied, you can appeal).

Later I found out three things why I lost the case regarding our land, which was claimed by someone else. One, he was a PBB man as he was appointed by PBB to be a Penghulu and as a PBB man he would rule against those who were in the Opposition; two, he was given some money by my opponent and three, he was not conversant with native laws.

I lodged a complaint with the District Officer, Simunjan and his Penghuluship was terminated. Luckily he was not charged in court for corruption. My case was then heard by the Chief’s Superior Court. Of course I won, because the land is really ours.

In another case in the Chief’s Court, a friend of mine lost the case simply because the Penghulu did not dare to make a decision, so the case was neither win nor loss (sama-sama menang tauka sama sama kalah). The case happened in 1998. My friend appealed to the higher court that is the Chief’s Superior Court. He paid the deposit. Until today, more than 10 years nothing is heard of the appeal.

I have heard there are literary several hundreds of cases pending appeal in Simunjan alone. I am sure there are also unsolved cases in other districts.

Is this justice? How can we have respect for the Native Courts when those presiding such cases do not understand the native laws? No wonder the Chief Justice wants review to be carried out in the Native Courts and the native system of laws. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Malaysia Day celebrations: Let us spare a thought for these unsung heroes

Whether Malaysia is celebrating its 52nd or 46th anniversary on 31 August (Malaya obtained its independence 31 August 1957 and the federation of Malaysia was formed on 16 September 1963), is irrelevant to the issue that I am going to touch in this article. Nevertheless, during the 52 years or 46 years that Malaysia has been formed, we Malaysians have enjoyed tremendous development, security, peace and harmony.

Certainly there will be a lot of activities organised such as parades, funfairs, sports and games to celebrate our Merdeka. But how many of us realise, especially the younger generation, that what we enjoy today – peace, prosperity and harmony – is due on the main to the sacrifices made by our security forces – the Army, the Air force, the Navy, the Police, the Field force, the Border Scouts and especially the ordinary and unarmed people.

During the height of insurgency in Sarawak, the Sarawak Communist Organisation (SCO) which together with Indonesia opposed Sarawak joining Sabah, Singapore and Malaya to form the Federation of Malaysia in 1963. Indonesian National Army (TNI) working together with TNKU (Tentera National Kalimantan Utara) and SCO conducted armed raids into Sarawak’s territory. Communist terrorists (CTs) and TNKU were active in the then First Division, Second, Third and fourth Divisions.

We were fortunate that the British soldiers including the famous Gurkha soldiers helped to defend Sarawak. They worked very closely with the Police Field Force and Sarawak Border Scouts platoons which were formed by the famous Iban trekkers during the communist insurgency in Malaya in the 1950s. Although they scored many successes against the enemy, many among them also lost their lives in the defence of Sarawak.

But there were also unarmed civilians and ordinary people who had lost their lives just because they refused to cooperate with the communist terrorists. Instead they sacrificed themselves by supporting the government. I am thinking of people like Penghulu Imban of Sekuau and Penghulu Andok of Sarikei, Tua Kampong Bunseng Anak Munan of Kpg. Stunggang, Simin Anak Saji of Kpg. Sebamban and Jihos Anak Ginon, all of them from Lundu; Kulaw Anak Mawang of Kpg. Nibong. Serian, and countless others.

I recall being sent to Sarikei as a reporter to attend the funeral of Penghulu Andok who was cruelly and mercilessly murdered by the communists. That was in the 70s. The same fate befell Penghulu Imban. He was dragged from his longhouse in Ng. Skuau, and shot in front of the longhouse people. It was meant to be a public execution to warn the longhouse people not to support the security forces.

Had the people supported the CTs, Sarawak would have become a communist state by now. But the people refused to be intimidated. Rather the deaths of the Penghulus and Tua Kampong in the hands of the terrorists made the people in longhouses under their control not only very angry, but also inspired them to cooperate with the security forces. Their cooperation resulted in many terrorists killed as well as leading to communist terrorists’ surrender. The victory was celebrated in Simanggang in March 1974 and to mark the occasion, Simanggang was named Sri Aman.

It was due to unarmed people like Penghulu Andok and Penghulu Imban and so many others that we now enjoy peace, security and prosperity. But it seems that the government has forgotten the sacrifices made by these people. What is sadder still is that some of the terrorists and rebels who were once considered as the people’s enemy number one and who had murdered hundreds of civilians and security forces personnel and who had caused untold sufferings to thousands of Sarawakians, are now being upgraded, promoted and even recognised as heroes. Some have been given privileges to become rich, while others are now occupying or have occupied senior posts or highest post in the government.

The Malaysian history appears to be upside down now – terrorists are now considered as heroes, and the heroes are made to become villains. Worst still, their descendents’ NCR lands are being taken away and are given to big companies whose CEOs and personnel of these companies were once the backers and sympathizers of the CT organisation. Now their descendents are not fighting the CTs anymore, but ironically are fighting the state government and oil palm and timber companies that had once spawned communist terrorism.

Sad isn’t it for us who know history and truth? Nevertheless during this Merdeka day celebration, let us spare a thought for these unsung heroes and express our sympathies for those heroes who are still around and for their descendents regarding their current plight. Let us pray for the repose of the souls of those who had departed. This is the least that we can do for them. - The Broken Shield

Source: http://www.thebrokenshield.blogspot.com/