Native Court considered the interests of both sides
By: OKK MD. Amir Datuk Hj.Arif
I REFER to the children of the deceased native mum who feel let down (Forum 29.12.12).
Firstly, it was never the intention on the part of the Native Court of Keningau to aggravate the situation of the grieving family.
In fact, it is duty-bound of every personnel of the Native Court to ensure that the very right of the community be protected, preserved and upheld as enshrined in the constitution.
Despite that Native Courts have rules and regulations to adhere to just like any other court.
Though Native Courts focus mostly on the hearing and settlement of breach of native customary law, the modes and ways of conducting the day-to-day business are the same which we have to abide by.
In the process of fulfilling the aspirations of our native community, the rights of other people from whatever ethnic groups, beliefs and where they come from should not be ignored or cast aside or else we will lose the dignity, trust and what courts stand for.
After all, they are also human, have feelings and claims especially to those who have established some sort of relationship or in association with a native or vice versa. This needs to be attended to.
With due respect to the deceased and her family, we were told that both of them stayed together in the house owned by her for quite sometime until she passed away. They ran a food stall at the old market in Keningau.
After sometime together we were also told they intended to get married but this did not materialise until recently. The deceased, prior to this, was married to a local but separated and remarried to a Chinese but died due to illness.
As highlighted by the grieving family to say that Native Court allowed the Chinese man from the peninsula to stay in the house and taking almost everything was a bit exaggerated.
In fact, there was already a discussion involving all of them to resolve things in the Native Court.
We started by listing out all his personal belongings which were still inside the house like cooking equipment, ingredients, etc. There were some heavy equipment of his already removed and left outside the house.
He pleaded with them to give him some time until he found a place to stay and to allow him to go inside the house to collect his belongings.
The eldest son refused to allow him inside, but later backed down and I suggested that the man should be given two weeks the most on humanitarian ground.
Though not categorically allowing him to stay there but as a saying in the Malay proverb "Sedangkan Ayam Diberi Reban" (Even Chicken We Provide Shed). He was warned only to take what he owned, not to wait for the two-week period to lapse and had to be accompanied by any member of the deceased family into the house every time he went there to collect his belongings.
It is not within our practice to issue documents of that importance as suggested.
In fact we have guidelines to follow. I admit there is a lot to be done to improve the administration of our Native Courts, including the choice of people picked to be community leaders.
As for the Marriage Certificates in question, it should not be issued on the first place.
That was why I requested the person who did it to cancel it right away and cautioned him that he should check thoroughly and consult first.
There was already a directive from the District Officer that only the District Chief can issue Marriage and Divorce Certificates.
I hope they comply.
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