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By Queville To
KOTA KINABALU: The authority of the Native Court in Sabah may be on the verge of unravelling itself and throwing into doubt the status of tens of thousands of Sino-natives in the state.
Sabah DAP is concerned that a “politically motivated” investigation of the Sino-native status of their boss Jimmy Wong, who is also Sri Tanjung assemblyman, would open a Pandora's box of claims and counter-claims across the state.
DAP secretary Edwin Bosi warned that the move would have far-reaching impact on the status of children of mixed parentage.
"The issue of whether one is a native or not, should be left to the Native Court to decide without interference by the government," said Bosi.
He called on the Sabah government to let the Native Court handle all native-related matters, and resume the issuance of the native certificates immediately.
“It is legal for anyone to present himself or herself to the Native Court if he or she would like to be known or identified as a Sino-native or a native,” he said.
He added that Sabah DAP strongly supported the calls to strengthen the Native Court in Sabah as proposed during a public forum on the indigenous legal system organised by the Human Rights Commission Malaysia (Suhakam) here on Oct 12.
“This (issue) is very relevant and timely,” he said.
Bosi was responding to a statement by PBS vice-president-cum assemblyman for Kadamaian, Herbert Timbon Lagadan, who said he was puzzled why Sabah DAP is worried over Wong’s Sino-native status.
“Let me be very clear with Timbon that Sabah DAP is not only concerned about Wong but also the thousands of Sino-natives who are now in limbo because the issuance of Native Certificate was stopped by the government in 1984.
“Those who have the certificates issued by the Native Court are now wondering what will happen to their certificates because Samsudin (Yahya, the Sekong assemblyman) and Hajiji (Noor, the Local Government and Housing Minister) can question them.
"How about the children of native women married to orang putih, Indian, Pakistanis, Timorese, and so on?” asked Bosi, alluding to the off-spring of several senior state politicians and officials.
Chinese among earliest settlers
Bosi reminded Timbon that it was Samsudin who had first questioned the authenticity of the Native Certificate belonging to Wong during the State Legislative Assembly sittings two years in a row.
He noted that to clarify the matter, Wong had gone to the district chief of Kota Kinabalu, OKK William Mojimbun, to authenticate his Native Certificate and status.
Because it was a high-profile case, Mojimbun had to refer it to his boss and a special committee comprising, among others, Sabah Law Association (SLA) president John Sikayun and State Attorney Chambers’ representative Juprin Wong Adamal was established by the Yang diPertua Negeri office to interview Wong.
The matter died down until Hajiji informed the State Legislative Assembly last month during its last sitting that Wong’s Native Certificate was genuine but he was not qualified to possess it.
Hajiji, who is also Umno Sulaman representative, said that the special committee had made the finding and that he would instruct the Native Court to revoke Wong's certificate.
Bosi, however, reiterated that as far as Sabah DAP is concerned, Wong is a Sino-Kadazan.
“Sabah DAP will continue to say that Huguan Siou and PBS president (Joseph Pairin Kitingan) has turned his back on a native when that particular native needs his support.
"Whether he (Pairin) likes it or not, the Sino-natives have been staunch supporters of PBS and the KDCA (Kadazandusun Cultural Association).
“Unfortunately, they (Sino-natives) are not even good enough to be included under the definition of 'KadazanDusun'.
"Sadly, Pairin, Mositun and Timbon just turned a deaf ear in the State Legislative Assembly when 'one of them' is questioned about his Native Certificate by an Umno assemblymen,” he said.
He also reminded Timbon that the Chinese were among the earliest to settle in North Borneo and many had married natives thus their children would be Sino-natives.
“Fortunately or unfortunately, their children have Chinese-sounding surnames in line with their tradition. However, they can find remedy in the Native Court if one of their parents or ancestors could be categorised as Sino-native which would then entitle them to the rights of a native.
“This is exactly what happened to Wong when on June 25, 1981. The Native Court in Kota Kinabalu duly accepted and endorsed his Native Certificate,” Bosi said
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