‘No such thing as first class natives’

Bingkor assemblyman Jeffrey Kitingan is shocked at self-proclaimed Sulu Sultan Akjan Ali's testimony that Suluks are "first class natives".

KOTA KINABALU: Businessman and former Sabah Umno member Akjan Ali Mohamad, who was allegedly involved in the citizenship-for votes scam in the 1990s, has come under attack for claiming that Suluks are “first class natives”.

Akjan, who in 2011 declared himself a Sulu sultan, had testified at the ongoing Royal Commission of Inquiry here last week that there was no Project IC and that the Suluks were native Sabahans.

Describing Akjan’s testimony as “highly mischievious, misleading and misconceived”, Bingkor assemblyman Jeffrey Kitingan called Akjan a “liar”.

“Akjan is again in one of his inventive mode, creating all sorts of lies to confuse Sabahans and in his fight for the wrong things.

“First of all there is no such thing as first class, second class, or third lass natives of Sabah.

“Natives are natives. Either you are or you are not, that’s all,” said Kitingan, who is also the State Reform Party Sabah chapter chairman.

According to Kitingan he has been “innundated” with calls from his constituents who are unhappy with Akjan’s reference to the Suluks as being first class natives.

“I have to make a defense for true Sabahan natives. It is imperative that I revisit my many previous statements on who actually are the natives of Sabah.

“Let us be very clear also that natives are defined very loosely in the laws.

“But we must be clear that we are talking about who is the indigenous and the real peoples of Sabah. Definitely, Suluks are not among them,” he said.

Manipulation of definition

Explaining further Kitingan said Akjan’s assertion that Suluks were “first class natives” was a gross manipulation of the definition.

“Sabahans only need to refer to the law on the interpretation of native. Nowhere is it stated in the Interpretation (Definition of Native) Ordinance (Sabah Cap. 64) that this is so (first class natives).

“However in Section 2(1)(a) of the ordinance says that any person both of whose parents are or were members of a people indigenous to Sabah could be considered as the original, pure or first natives because there was no need for them to make an application to the Native Court for the Native Ceritificate or Sijil Anak Negeri,” Jeffrey said.

He said Akjan had quoted the “exact text” of Section 2 (1) (c) which stated that ‘any person who is ordinarily resident in Sabah, is a member of the Suluk, Kagayan, Simonol, Sibutu or Ubian people or of a people indigenous to the State of Sarawak or State of Brunei, has lived as and been a member of a native community for a continuous period of three years preceding the date of his claim to be native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act.’

Based on this “text” Kitingan said the person described must “therefore fulfill the requirement of: (1) ordinarily resident (not transient); (2) has lived as member of a native community for continuous period of three years, and; (3) of good character and not illegal (in compliance with Immigration law).”

He said that a further requirement is that such person can only claim to be a native upon being declared by the Native Court as provided under Section 2(3) which states that: “No claim by any person to be a native by virtue of the provisions of paragraph (b), (c) and (d) of subsection (1) shall be recognized as valid UNLESS supported by an appropriate declaration made by a Native Court under Section 3.”

“With due respect, all those claiming to be natives under section 2(1) (b), (c) and (d) of the Interpretation (Definition of Native) Ordinance must apply to the Native Court who shall make the requisite declaration with the issuance of the Native Certificate.

“Let me emphasize for those in categories (b), (c) and (d) above only when they have in their possession the Native Certificates will they have the legal standing to call themselves  natives.

“As such Akjan is wrong in making a blanket definition that all Suluks are natives, let alone first class natives,” Kitingan said.