Implement Borneonisation, Safeguard Autonomy of High Court – Dr. Jeffrey

Kota Kinablau: “The Sabah government must ensure that the Registrar of the High Court here is headed by a Borneo native and not replaced by another Malayan and put to rest the rumours circulating over his replacement” said Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief commenting on the promotion of the current Registrar as a Judicial Commissioner leaving the vacancy to be filled.

Recently, 7 Borneo native non-Muslim Sessions judges and magistrates were transferred in one go in a highly unusual manner to the Peninsula. The rumour then was that the Registrar would be promoted and the 7 judicial officers were sent away and be removed from contention to be the replacement Registrar.   It was also rumoured that the replacement Registrar would be another Muslim officer from the Peninsula.

Well, so far the rumours have come true!

At the outset of the formation of Malaysia in 1963, the judiciary was to be one of the pillars of the rule of law for Sabah and Sarawak.  Hence, the High Court of Borneo was created as an equal to the High Court of Malaya, both with an ultimate avenue of appeal to the Privy Council in London.

The High Court of Borneo (now High Court of Sabah and Sarawak) has jealously guarded its autonomy and rejected external interference from the Peninsula.  

Since 1963, the Registrar of the High Court of Sabah and Sarawak has always been headed by a Borneo native until the current Registrar.

“If the new Registrar is to be someone from the Pensinsula, it runs smack of the Federal government’s Malayanization programme” opined Dr. Jeffrey.

“It is also totally contrary to the Borneonization set out under the 20-Points and the Malaysia Agreement” added Dr. Jeffrey.

It only shows the colonial master mindset of the federal leaders from the Peninsula and the sheer trampling of the special rights and privileges of Sabah and Sarawak agreed upon in the formation of Malaysia.   

It is just another step in the colonization of Sabah and Sarawak by Malaya.

The Sabah and Sarawak governments need to implement Borneonisation more effectively and ensure that the new Registrar of the High Court in Sabah and Sarawak will be a Borneo native to safeguard the autonomy of the High Court in Sabah and Sarawak and stop the Peninsula from meddling with the affairs of the judiciary in the Borneo States.

The Federal government (which is run by Malaya) should not be allowed to indirectly meddle with the High Court in Sabah and Sarawak and do as it pleases.  The separation of powers in Sabah and Sarawak in the judiciary must be respected and safeguarded at all times.

As an additional step, the Sabah government must ensure that a Sabahan will be appointed as the next Director of the High Court in Sabah. 

If not, it will not be surprising if the High Court in Sabah and Sarawak is completely taken over and usurped by the Peninsula in the foreseeable future.

The Sabah government need to assert its authority for the sake of the future of Sabah and Sabahans and stop the Malayan manipulation of the High Court in Sabah and Sarawak by the Peninsula.