Upko proposes diploma studies for native laws, permanent positions for native court

KOTA KINABALU: Upko president Datuk Ewon Benedick has proposed that a diploma level of studies on native laws be introduced to strengthen and uphold the traditional and customary law system in this state.

At the same time, the Entrepreneur Development and Cooperatives Minister said there need to be permanent positions created for native courts (Mahkamah Anak Negeri) just like in civil and syariah courts.

Benedick reiterated the party’s insistence that the native court institution be elevated to equal footing with the two other court systems.

The Penampang Member of Parliament said this after officiating a programme for village chiefs at Penampang district on Wednesday (Oct 25).

Late last month, Benedick, also Kadamaian assemblyman, stated he had proposed for a native court building to be built in the Kota Belud district so the court does not need to ride on the district office there, with the hope that it could be implemented under the 13th Malaysia Plan (2026-2030).

Benedick also said demands by local communities when Malaysia was formed in 1963 was that the federal government respect the lands and customary laws. “So my stance is that it should be solidified through Institusi Latihan Mahkamah Anak Negeri (ILMAN), or the native court must have its status elevated.

“To realise the proposal to introduce native laws diploma studies, our party is ready to provide input and modules for the course as recommended by the Native Affairs Department and ILMAN.

“The discussion process may take time, but we must maintain the vision of putting native courts at par with civil and syariah courts,” he explained.

Upko also suggested that in terms of accreditation of the ketua-ketua adat (customs chiefs), there should be a minimum number set in terms of individuals needed to be trained up to diploma level on native laws.

“For example, if there are 10 native chiefs in a district, seven or eight can be political appointments based on terms, but two or at least one must be permanent positions until retirement, just like those serving in syariah and civil courts,” he added.