Sabah passes Bills on community leaders and native affairs

 

Local Government and Housing minister Datuk Mohd Arifin Mohd Arif . - FILE pic

KOTA KINABALU: Sabah has introduced Bills to provide a legal framework for community leaders and native affairs.

Local Government and Housing minister Datuk Mohd Arifin Mohd Arif said District Chief, Native Chief and Headmen Bill 2026 aimed to address the absence of a specific law comprehensively governing the positions of district chiefs, native chiefs and village heads.

"These three institutions have long played an important role as community leaders, serving as the link between the people and the Government, while assisting in local administration and community welfare at the grassroots level.

"This Bill is not intended to diminish their traditional role. Rather, it provides a clearer legal framework so that their responsibilities may be carried out in a more organised, accountable and professional manner, in line with current administrative requirements," he said when winding-up for the new Bill at the state Legislative Assembly Sitting.

With regard to appointments, Mohd Arifin said the Clause 3 provides that the minister may, upon the recommendation of the district officer, appoint any person deemed suitable to serve as a district chief, native chief or village head.

The same clause also provides for circumstances under which an appointment may be revoked or terminated, including incapacity to perform duties, bankruptcy, conviction of a criminal offence or an offence under native customary law, misconduct, or no longer residing within the area of appointment.

"At the same time, the Minister is empowered to grant exemptions in appropriate circumstances, subject to suitable conditions, so that practical realities in different localities may be reasonably taken into account."

Calvin Chong (Warisan-Elopura), when debating the bill, said the Chinese community had the institution of the Chinese Kapitan that serves as a liaison between the Government and the community.

"I believe that Chinese Community Leaders should likewise be accorded appropriate recognition, or at the very least, the government should clearly explain their position within the State's administrative structure."

Meanwhile, for Sabah Native Affairs Council (Amendment) Bill 2026, which is also tabled by Mohd Arifin, said it complement theDistrict Chief, Native Chief and Headmen Bill 2026.

"The Native Courts Bill enhances the structure and administration of the customary judicial system.

"One of the key amendments is to expand the council's role in advising the state government on education relating to native customs and native customary law.

"This is important to ensure that customs are not merely preserved as heritage, but are also understood and passed on to future generations," he said, adding the council is also given the role of making recommendations to the Chief Judge on the appointment of Tetua (Elders).

Another significant reform is the establishment of the position of customer officer who will be appointed from among qualified state civil servants with sufficient knowledge of native customs and native customary law.

"The Bill also provides for the Sabah Native Affairs Department director, or his authorised representative, to become an ex officio member of the Council.

"This measure will strengthen coordination between the Council and the Department responsible for implementing native affairs policies and administration." - NST