NGO asks if Federal Court overlooked Native Court
(FMT) – NGO says native customs in Borneo have been recognised as a parallel legal system under the Native Court, through the Native Court Ordinance.
The Dayak National Congress (DNC), an NGO, said the Federal Court appears to be unaware that native customs are recognised as “a parallel legal system, apart, for civil law”.
This was provided under the Native Court, through the Native Court Ordinance, said DNC president Mengga Mikui in an op-ed in sematongexpress, a blog.
Pointing out that native customs were administered by the Native Court, he said: “This clearly and expressly make those customs part of the laws of Sarawak.”
Pemakai menoa (territorial domain) and pulau galau (communal forests) land have been regularly litigated and decided in the Native Court.
The Federal Court ruled on Tuesday last week that Adat did not have the force of law on pemakai menoa and pulau galau. It held that these were incidental to temuda (cultivated land).
