Sharifah Hasidah Sayeed Aman Ghazali
KUCHING: Community leaders, including village chiefs and longhouse headmen, should not act as if they were the elected people’s representatives.
Samariang assemblywoman Sharifah Hasidah Sayeed Aman Ghazali said they should instead assist the government of the day at grassroots’ level.
“It is not the job of community leaders (to act as elected reps) as it is outside their terms of reference to do so. They are not MPs or members of the DUN
(State Legislative Assembly).
“One needs to be reminded that members of the Assembly and MPS are elected by the people; the community leaders, on the other hand, are appointed by the government,” she told The Borneo Post yesterday.
Explaining further, she said every community leader would be required to support any policy implemented by the state government, irrespective of their personal views and political affiliations.
“They have to support the government of the day regardless of their personal views, which are subordinate to the oath that they were sworn to as chiefs or headmen when taking office,” she said.
She also stressed that their terms of appointment were governed under Community Chiefs and Headman Ordinance 2004.
“Under Section 3 (of the Ordinance), it states that the Yang di-Pertua Negeri shall by notification in the gazette, designate any person to be the appointing authority for a chief or headman in respect of the whole state or any administrative area, or for any particular community in Sarawak.
“Under Section 4, it reads: ‘In exercising the powers to appoint a chief or headman, the appropriate appointing authority shall consider, but shall not be bound by, any recommendation made by the Resident of a Division or the District Officer, as the case may be, in respect of which the chiefs or headmen are to be appointed’.
“The tenure of the office is governed by Section 5 of the Ordinance, stating: ‘A chief or headman, once appointed, shall serve at the pleasure of the Yang di-Pertua Negeri and his appointment may be terminated at any time by the Yang di-Pertua Negeri’,” she said.
On the duties, Sharifah Hasidah said they were spelt out clearly under Section 6 of the Ordinance: ‘A chief or headman shall have the following duties: (a) to preside over any Native Court which he has, by virtue of the Native Courts Ordinance, 1992, jurisdiction to preside; (b) to carry out such duties or functions as may be conferred upon a chief or headman under any written law; (c) to represent his community in all official meetings, discussions or conferences concerning or affecting the community; (d) to assist the government in looking after the welfare of his community; (e) to assist generally all officers of the government and of the local authority in the execution of their public duties; and (f) to discharge such other duties or functions as the government may from time to time specify or direct’.
In this respect, Sharifah Hasidah agreed with DUN Speaker Datuk Amar Mohd Asfia Awang Nassar that under Section 5(3)(d) of the same Ordinance, the community leaders’ appointment could also be revoked and terminated.
“Without prejudice to subsections (1) and (2), the appointment of a chief or headman may be revoked by the appropriate appointing authority if he/she is guilty of serious misconduct in relation to his duties.
“I would like to reiterate that what the DUN Speaker had said was in line with what the Penang state government did, in which it (Penang state government) terminated the services of 300 PAS members from the village and security committees, who did not support the state government on Oct 15, 2015,” she said.
She also noted that while a few of those who were appointed as chiefs or headmen relinquished their high posts in certain political parties, they maintained their membership.
“Still, these chiefs or headmen can exercise their rights by voting in elections, but their support should not transgress the provision of the Ordinance,” she said.
On the statement by BaKelalan assemblyman Baru Bian, who is state PKR chief, in which he expressed disappointment over Asfia’s threat to community leaders who supported the opposition, Sharifah Hasidah said if the so-called policy of PKR was so great, then those chiefs or headmen who supported the party should relinquish their posts and give their support directly; instead of hiding behind their appointment merely to receive the monthly allowances.
“Thus, YB Baru Bian makes the office of chiefs and headmen similar to office of an elected MP or DUN, where the headmen can say what they like (and) act what pleases them. This is contrary to the spirit and provisions under the 2004 Ordinance,” stressed the assemblywoman.