The administration of native laws and native courts in Sabah / Rafidah@Malissa Salleh

Native law is one of the sources of law recognised by the Federal Constitution in Malaysia. In Sabah, native law was recognised and protected by the British government since 1888. Native law is administered by the native court, presided by the native Chiefs. The Native Courts Enactment 1992 is the important law that governs the native legal system in Sabah. Even though native law and native courts in the state exis thundred years ago, until today, it is submitted that there is not much development or advancement of the laws, the courts' system and the system of administration. There are so many legal and administrative problems that need to be addressed to ensure that native law and the native court system continue to survive for the benefits of the natives of Sabah. The legal problems are among others, no uniform and proper definition for the word 'native', issues pertaining to the jurisdiction of the native court, inadequate laws to govern native family matters, criminal matters, legal issues as to "choice of law"and inherent powers of the native court. In terms of administration, lack of proper and specific body that governs the administration of native laws and the court system is one of the contributing factors to its backwards. No proper system of appointment of the native courts' personnel is also one of the administrative problems that exist. Thus, this research aims to study and examine both the legal and administrative problems in theadministration of native laws and native courts in Sabah. This research is adopting thequalitative methodology, and the data were analysed manually. The research suggestedthat the state of Sabah come up with a specific definition of 'native', amends, repealand revises the present provisions of laws in the Native Courts Enactments 1992 andalso to enact new laws to govern certain areas, for example, native family law. It is alsosuggested that with relates to the appointment of native courts' personnel, one systemneeds to be introduced so that the quality of the native judges are guaranteed indispensing justice among the natives of Sabah. The results of the study also suggestedthat Native Judicial Department should be set up. It is hoped that the study cancontribute to the improvement of native law and native courts system in Sabah.