KOTA KINABALU: There must be a proper understanding of the ‘Adat’ (customary laws) which governs the respective indigenous communities in dealing with Native Customary Rights (NCR) cases, said Attorney-General Tan Sri Abdul Gani Patail.
Speaking to members of the legal fraternity at the Opening of the Legal Year 2015 for Sabah and Sarawak at the High Court here yesterday, he said that for NCR issues on land and the distinct concept of “Native Customary Land”, it is a matter of concern to note the disparate court decisions being issued.
Apart from that, he also recalled a proposal by Chief Justice of Sabah and Sarawak Tan Sri Richard Malanjum at the Sabah Native Customary Symposium in September 2013 that there should be a proper appointment of Native Judges to ensure that impartial, legally qualified persons with a full grasp of the native laws are appointed.
“That would enable Native Courts to be on par with civil and Syariah Courts,” he said.
Abdul Gani explained that in February 2014, the International Centre for Law and Legal Studies (I-CeLLS), the Attorney General’s Chambers research vehicle initiated a study on the effectiveness of the existing legal framework in dealing with indigenous issues brought before the Native Courts and the continued relevancy of these courts.
“The study is being undertaken in collaboration with the Offices of the State Attorney Generals of Sabah and Sarawak. We hope to make better headway on this project in 2015,” added Abdul Gani.