Sabah Native Courts Undergo Major Reforms With 2026 Enactment

Chief Minister Datuk Seri Panglima Hajiji Noor (left) signs a commemorative plaque during the event, witnessed by Sabah Agriculture, Fisheries and Food Industry Minister Datuk Jamawi Jaafar (right) and other officials. —Photo: Sabah Chief Minister's Department

TUARAN — Sabah’s Native Courts are set for a major institutional overhaul following the passage of the Native Courts Bill 2026 by the State Legislative Assembly in July, aimed at strengthening the administration and recognition of native customary law.

Chief Minister Datuk Seri Panglima Hajiji Noor said the new legislation marked a significant step towards modernising the Native Courts while ensuring they remained relevant, effective and authoritative in addressing the needs of indigenous communities.

“This effort is also aimed at ensuring that the jurisdiction of the Native Courts is clearer, more structured and capable of preserving and upholding local customary laws,” he said.

Speaking at the opening of the Tuaran River Conservation Project and the New Tuaran Town Car Park here today, Hajiji said the new enactment introduced several key changes, including a more structured and professional judicial framework.

The reorganisation provides for the Native District Court, Native High Court and Native Court of Appeal, alongside the establishment of the positions of Chief Justice and Chief Judge of the Native Courts, Native Court Counsel and Registrar.

“The appointment of judges is now being planned based on merit to ensure a high level of integrity and credibility,” he said.

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The reforms also provide for a clearer separation of administrative, customary and judicial responsibilities, while retaining the traditional roles of customary officials, including District Chiefs and Native Chiefs, to preserve the customary foundations of indigenous communities.

Hajiji said funding had also been allocated to upgrade Native Court facilities, including a proposal to improve the Sabah Native Judiciary Complex and construct new court buildings in several districts.

He said the measures were expected to strengthen customary institutions and enhance the recognition of native customary law within the country’s legal framework.

“Sabah is a land rich in cultural diversity, customs and the unique heritage of its indigenous communities. Therefore, preserving the dignity and sovereignty of customary law is a major responsibility shouldered by the government today,” he said.

On the Tuaran River Conservation Project, Hajiji said the initiative reflected efforts to balance infrastructure development with environmental protection.

He described the Tuaran River as an important natural asset with environmental, historical and cultural significance to the local community.

He said climate change and riverbank erosion had highlighted the need for sustained conservation measures to maintain the river’s cleanliness and protect its surrounding environment.

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The bridge constructed under the project was inspired by the traditional bubu, a fish trap closely associated with the local community, he said.

Known as the Tamu Tuaran Bridge, the structure is expected to become a new landmark while improving connectivity between communities across the river and the Tamu Tuaran area, particularly for pedestrians.

On the new car park, Hajiji said the facility was developed to address increasing traffic and parking demand amid growing commercial and economic activities in Tuaran town.

He said congestion was particularly evident during tamu days and weekends, when more visitors and traders converged on the town.

Meanwhile, he encouraged districts throughout Sabah to develop tourism products and experiences reflecting their respective identities ahead of Visit Sabah Year 2027.

He said Tuaran had considerable tourism potential, including its beaches, recreational facilities, cultural and natural heritage, as well as agriculture, fisheries and other economic activities.

 

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