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KUCHING, June 16: Parti Bansa Dayak Sarawak (PBDS) has urged for amendments to be made to the Native Court Ordinance, Sarawak Land Code, and Forest Ordinance to confer binding authority on the decisions of the Native Court in Native Customary Rights (NCR) land disputes.
Highlighting the existence of a plural legal system in Malaysia, PBDS secretary-general Kipli Ayom expressed concern over the lack of binding power of current Native Court decisions on the Sarawak government.
“The Native Court in Sarawak should be given full autonomy or authority to determine any NCR disputes between the government and any native party or individuals. This means the Native Court should have the authority to hear NCR land disputes and no other court,” he said in a statement today.
Kipli claimed that currently, while the Native Court has competence in hearing untitled land disputes between natives, the decision must be forwarded to the Land and Survey director for further determination of whether the disputed land is NCR or State land.
As such, PBDS perceived this as granting arbitrary power to the director, including the authority to challenge the Native Court’s decision.
“This is also to prevent appeal cases to be heard by Malaya judges, who has no Borneo judicial experience.
“Moreover, Sarawak has its own Land Code that is different than Peninsula Malaysia, then why they (Malaysa) allowed to handle Sarawak land cases. For this reason, the jurisdiction to hear native cases should solely rest with the local Sarawak judiciary,” he added.
With that, Kipli pointed out it is crucial to elevate the Native Court to the same status as the Civil and Syariah Court, making it the designated court for NCR disputes.
He added that former Chief Justice of Sarawak and Sabah Tan Sri David Wong Dak Wah had supported this stance where he emphasised the need to acknowledge the differences in customs and cultures between indigenous peoples in Borneo and those in Malaya to safeguard their interests.
PBDS also questioned whether any proposals have been made by leaders in Gabungan Parti Sarawak (GPS), particularly the Majlis Adat Istiadat, to ensure the elevation of the Native Court becomes a reality and what are the latest development on this.
“Dayak leaders and elected representatives need to take immediate action by forming a task force consisting of various interest groups. The task force should set a timeline to address the issue, as Dayak communities are weary of mere rhetoric that yields no tangible results,” he said.
“The jurisdiction to hear such cases should only lie with Borneo High Court or better still the Native court by Borneo judges who are familiar with local customs,” he added. — DayakDaily
