Sabah Native Court

The Native Court of Sabah has been established under Native Courts Enactment 1992 (En. 3 of 1992) which replace Native Courts Ordinance 1953. It is a special system for Sabah and Sarawak which disputes involving native customary laws among natives. Native customary laws deal mainly with matters pertaining to native land tenure, inheritance, family law and minor criminal law. COMPOSTION The Native Court in Sabah is divided into of a three-tier structure which is Native Court, District Native Court, Native Court of Appeal. According to Section 3(2) of the Sabah Native Courts Enactment 1992, each Native Court consists of three Native Chiefs or Headmen resident within the territorial jurisdiction of such court as maybe empowered from time to time by the State Secretary. (a) The Native Court The Yang di-Pertua Negeri may, by notification in the Gazette, constitute Native Courts at such places as he or she may deem fit. A Native Court shall consist of the District Chiefs as the presiding member and two other members who shall be Native Chiefs or Headmen resident within the territorial jurisdiction of such Native Court duly empowered by the State Secretary. (b) The District Native Court The Yang di-Pertua Negeri may, by notification in the Gazette, constitute a District Native Court for each district in the state. A District Native Court shall consist of the District Officer of the district as the presiding member and two other members who shall be District Chiefs or Native Chiefs resident within the district duly empowered by the State Secretary. (c) The Native Court of Appeal The Yang di-Pertua Negeri may, by notification in the Gazette, constitute a Native Court of Appeal for the state. The Native Court of Appeal shall consist of a Judge as President, and two other members who shall be District Chiefs or Native Chiefs to be appointed by the Minister.

PUNISHMENT Here are some example of punishments can be made by Native Court: 1. Causing hurt- Any person who, without reasonable excuse, causes hurt to any person commits a breach of native customary law and shall be liable: (i) to pay to the injured party sogit not exceeding 2 heads of livestock or other things of equivalent value in accordance with adat fine; or (ii) in default thereof: (a) To a fine not exceeding 1000 ringgit; or (b) To an imprisonment for a term not exceeding 12 months; or (c) To both fine and imprisonment. 2. Illicit intercourse between unmarried persons- Any person who has sexual intercourse with any person who is not his or her spouse commits a breach of native customary law of mianu-anu and shall be liable: (i) to pay to the aggrieved party sogit not exceeding 2 heads of livestock or other things of equivalent value in accordance with adat fine; and (ii) to pay kepanasan kampung; and (iii) in default thereof: (a) to a fine not exceeding 1500 ringgit; or (b) to an imprisonment for a term not exceeding 6 months; or (c ) to both fine and imprisonment. (iii) Any payment of kepanasan kampung under this rule shall be given to the Headman of the village who shall distribute such penalty in equal proportion to the head of every family normally residing in such village. 3. Remarriage before end of bereavement period- Any person who remarries before the end of mobpuod or bereavement period in respect of a deceased spouse commits a breach of native customary law and shall be liable to pay to the next of kin of the deceased spouse sogit of 1 head of livestock or other things of equivalent value in accordance with adat fine. 4. Remarriage before end of bereavement period- Any person who remarries before the end of mobpuod or bereavement period in respect of a deceased spouse commits a breach of native customary law and shall be liable to pay to the next of kin of the deceased spouse sogit of 1 head of livestock or other things of equivalent value in accordance with adat fine.