Sabah Assistant Law and Native Affairs Minister Jannie Lasimbang said this included appointing capable customary leaders and training them to carry out their roles and responsibilities.
“The problem is, we have lots of nice buildings which cost the government millions of ringgit to build. But many of these offices are understaffed.
“Political appointees still fill the ranks and we are concerned that the practice is blurring the lines between the service to the adat and political interests,” she said.
The Native Court system in Sabah, a unique feature of the Malaysian legal system, serves as a mechanism for settling disputes concerning the breach of customary law among the natives in Sabah.
The institution received recognition from the British colonialists in 1881 and continued as an integral part of the state legal system even after the formation of Malaysia in 1963.
It is a three-tier system which starts with a normal Native Court followed by a Native High Court, presided over by the district officers, and finally a Native Appeals Court, presided over by the chief justice of Sabah and Sarawak.
It has been reported that 75% of natives bring their matters to the Native Court instead of the civil courts. According to the courts’ records, among the most recurrent cases are those on infidelity, inheritance disputes, adoption and polyandry.
“Natives are more comfortable with the Native Court as it is nearer to their hearts. Besides, it is cheaper to go to the Native Court than a civil court because here they don’t need to hire lawyers to have their cases heard,” said Lasimbang.
She said many district officers were unwilling to hear cases as they were burdened by other responsibilities.
Because of this, she added, she had proposed that district chiefs be “upgraded” to become second-class magistrates and allowed to hear cases in the Native High Court, to help relieve the burden of district officers.
“We already have the training centres to train as many customary leaders as possible. We need to fully utilise these facilities,” she said.
On a proposal for an International Native Court for the Dayak indigenous people in Borneo and some parts of Indonesia, Lasimbang said she was not dismissive of the idea. However, she questioned the viability of implementing the judgments made by this court.
She said the two-day Borneo Law conference, which will begin on Friday, would discuss the issue of indigenous rights. This would be a good venue to talk about such a court, she added.
“The international conference will include speakers from the US, Australia, New Zealand, China, Taiwan and Papua New Guinea,” she said.