NATIVE COUNCIL GUIDELINES FOR WEDDING ENGAGEMENT OF NATIVES

 First draft on :  Fri July 24, 2015

PENAMPANG. The Council of Community Leaders which consist of members of the Native Court here have announced improvements and standardisation of the terms and conditions of engagement for natives who wish to marry in accordance with the native adat during a meeting held at the District Office today.

 

District Chief OKK Bryan Matasing said this will enhance the native customs after several disputes were handled by the Native Court here due to poorly prepared engagement forms.

 

Amongst the terms to be enforced by the Village Chiefs when they are requested to attest the engagement ceremony are as follows:

 

The engagement agreement will take effect from the date of the engagement ceremony and remains valid for one year. If the wedding did not occur within the first year then the two parties shall have another discussion to set the new date with a one year extension period. If the wedding still failed to take place after two years then the engagement will be void automatically.

However if the couple still wish to get married then a new and final engagement form shall be prepared to set the wedding date as soon as possible.

 

It was also announced that the new monetized or benchmark value for one buffalo shall be RM2500.

 

These guidelines will only be applicable in Penampang District as other districts have their own customs and traditions.

 

During the meeting, Matasing also reminded all village chiefs of the existing rules that they must be present during the engagement ceremony before signing on the engagement forms and this function cannot be delegated to any other person except another village chief from the nearest village if he is unable to be present.  All village chiefs cannot officiate or sign on the engagement form outside their village of jurisdiction.

 

The village chiefs who were unable to attend the meeting today will be issued with circulars on the new guidelines.

 

On the issue where the natives have chosen to register their marriage at the JPN or National Registration Department but then bring back their marital and engagement disputes back to the Native Court, Matasing said this is a matter of coordination amongst the authorities and the Native Affairs Department will deal with the JPN to ensure the natives must submit a proper engagement form when they register their marriage.

 

PHOTO:  22 COUNCIL members who attended the meeting, Matasing seated 3rd right

VERDICT of case Man married at JHEAINS without informing father of girl

 

 DRAFTED TUE JUNE 23RD, 2015

 

PENAMPANG. The Native Court here found a couple, both workers at a restaurant in Putatan guilty of “mianu-anu” under Section 10(1) under the Native Court Enactment 1992/1995 and fined a total of RM6500.

 

The panel of judges consisting of District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Chief Rita John were unanimous in their decision and ordered the man who was born at Menumbok to pay “sogit” to the aggrieved party one buffalo (RM2500), another buffalo (RM2500)  for the appeasement of the village and fine under Section 10(1)(iii)(a) of RM1500 of which RM700 shall be shared by the woman as co-accused.

 

According to the facts of the case, the father of the woman filed a complaint at the Native Court after the man has failed to honour all the engagement promises of RM1500 as dowry, one buffalo and wedding celebration cost.

 

Instead, the couple proceed to live together without complying with the customary “adat” and then registered their marriage at JHEAINS without the knowledge of the father. When the daughter returned home to the family in March this year only then the father knew she was already carrying a child.

 

Upon hearing the verdict the man said he wish to appeal, however the court queried on what grounds would he appeal considering that during the hearing both defendants have admitted to the facts in their testimony with the pregnancy as the proof and admitting that nothing has been delivered as per the promises made during the engagement.

 

As for the fines imposed, the court has already given consideration by imposing only one buffalo as sogit whereas the Enactment provides for a maximum of two buffaloes. The man still have to negotiate with his in-laws regarding the promises made during the engagement as the fines imposed by the Court are only for offences against the native laws.

 

Both defendants were reminded they have 14 days to pay the fines or face 6 months jail for the man and one month for the woman. They can also appeal to the District Native Court within 60 days.

 

Meanwhile, the new Native Court building for Penampang has again been delayed at least a year. The Court staffs were informed that the contractor was unable to complete the work and was terminated while the new one appointed is expected to carry out the remaining works starting July this year. However, efforts to contact JKR as the supervising officer for confirmation was futile.

Warrant of Arrest for Defendant who failed to appear in court three times.

 FIRST DRAFTED THU, 4 JUN 2015

PENAMPANG. The Native Court here will issue a warrant of arrest of a self employed from Kg Bidangbidang Babagon for failing to appear in court after being summoned three times.

 

District Chief Bryan Matasing, leading the panel of judges said in court that this will be done if the defendant has no reasonable excuse for his absence which is deemed contempt of court.

 

Court document shows that a third summon had been delivered through the village chief and the defendant had signed acknowledging receipt.

 

According to the plaintiff, the man from Kg Bidangbidang had allegedly sold him a plot of land of which he was paid RM6000. However no such plot existed and he refunded only RM1500.

Hence the plaintiff came to court seeking for the refund of the remaining sum owed to him.

 

The hearing was then adjourned to a later date after the missing defendant has been dealt with.

CASE of girl marrying at JHEAINS without the fathers knowledge

 FIRST DRAFTED ON TUE, 26 MAY 2015

PENAMPANG. A father from Kg Togop here, testified before the Native Court that a man and his family from Menumbok have failed to honour the terms of the engagement between the man and his daughter.

 

However, he failed to remember the dates of the meetings between the two families to discuss the marriage proposal except 27 September 2014 as shown in the engagement form which was signed by both parties and witnesses. However the local village chief did not sign and certify the form because the potential fiancé and family were not ready as they came empty handed.

 

He claimed that the man has agreed to the dowry of RM1500, one buffalo and RM10,000 for the wedding celebration cost but sometimes afterwards came back with only RM 1500 which he did not accept on the advice of his village chief.

 

He had given them reminders of their promises but came back with many excuses. He made a police report on 11 March 2015 when the daughter came home and was already pregnant as a result of the couple staying together at Putatan.

 

He alleged that the couple had got married at JHEAINS (Sabah Islamic Affairs Department) and changed the daughter’s religion without his knowledge.

 

The plaintiff summed up by telling the court that he has no objection of their marriage at the JHEAINS as long as the traditional adat of the Kadazan is respected beforehand.

 

When the man as first defendant took his turn to make a statement, he agreed with the plaintiff except his allegation that he had converted his daughter. He declared that she became a muslim by choice on 10 Aug 2010 long before their liaison.

 

He refuted suggestion that he had married the girl at JHEAINS to avoid the native adat but did so to avoid having an illicit relationship at the same time he cannot afford the cost as stated in the form. He did not mention his present job.

 

He countered the plaintiff’s allegation that during the first meeting he was told to initiate the engagement, while the second meeting was supposed to be the engagement but the village head was not present.

Their “sijil nikah”(marriage certificate) was dated 19 Jan 2015 and the bride’s younger sister named as Sharon was inform to tell the father about the “nikah”, a fact he admitted as improper.

He confirmed that the girl is pregnant as a result of their marriage.

 

When asked by the court, he claimed that his family has come to negotiate on the wedding cost but the girl’s family were angry after drinking and getting drunk.

 

When the daughter entered the witness box for her statement, she surprised the court by declaring that she converted in 2010 when she married her first husband but are officially divorced before marrying again. Her present husband was also married before but also divorced. Both of them produced copies of divorce certificates from JHEAINS. She however confirmed that her latest “nikah” was done without the knowledge of her father.

 

When asked whether it was an offence to stay together without a proper marriage, she answered yes under the adat but not in Islam. When asked to confirmed she changed her statement that it is wrong both under the adat and also in Islam.

She also stated that during a meeting to discuss the dowries, she was at work and got a message through her phone that the suitor’s family were detained at her father’s house.

Her mother-in-law was allowed by the court to clarify on her statement but she confirmed that the so-called detention was not by force nor had criminal intent.

Hence the court exempted her from being subpoena as a witness to testify on the detention.

 

After all the statements were signed, the panel of judges led by District Chief Bryan Matasing together with Native Chief Andrew S Lidaun and Village Chief Rita John set the date of verdict on 23 June 2015.

TARDINESS BY DEFENDANTS AT NATIVE COURT PENAMPANG.

 First drafted Thu. 30 April 2015

 

 

PENAMPANG. The native court here led by District Chief Bryan Matasing postponed the hearing to 26 May 2015 because after the third call at 9:30 am the two defendants have failed to appear.

The case was filed by a man from Kg Divato Ramaya whose daughter has married her lover without going through their own native “adat”. He informed the court that he himself delivered the court summon to her daughter’s husband but did not manage to meet him and get his signature but handed the letter to his sister. Hence the court deemed the summons have not been properly served.

 

However, after the hearing was adjourned and the judges have left the courtroom, both defendants appeared outside the courtroom at 9:50 am with reasons for their tardiness unknown.

 

Another case in the previous day was also postponed due to the defendant writing to the court claiming of being sick.

CASE OF MAN who thought being separated means already divorced.

 Drafted Fri: 24th April 2015

PENAMPANG. A man from Kinarut who married again without formally divorcing his first wife paid a customary fine totalling RM 3,000 at the Native Court here. He had claimed ignorance of the native “adat” and assumed that being separated for nearly two years meant they were divorced.

The panel of judges District Chief Bryan Matasing, Native  Chief Andrew S Lidaun and Village Chief Michael Bejuet concurred that he had breach the native customary law of “lapau” (bigamy or polygamy) for which the fine is one buffalo (RM1500) which is payable to the first wife, under Section 20 (1)  of the Native Court Enactment 1992/1995.

 

He escaped paying further “sogit” to children since there was no child with the first wife.

He and his second wife also have to pay one buffalo (RM1500) as appeasement to the village of the first wife to be administered by the village chief.

 

According to the facts of the case, the defendant testified that his marital problem started when his wife left their home on her own accord with all her personal belongings including clothes, TV and a fan, less than 100 days after his mother had passed away. He claimed to have contacted her to come home with no avail hence had no objection if his wife initiate the divorce proceedings at the National Registration Department as they have previously married in church. He took the second wife via the Native Court on 10 January 2014.

 

In passing the verdict, the court has taken into account that the second marriage has already resulted in a baby boy now aged 6 months and the defendant and his first wife have mutually agreed to proceed with their divorce.

However, in accordance with the formality of the court, any of the parties can appeal the verdict to the District Native Court within 60 days or the fines to be paid with 14 days, in default the husband face 3 months jail and the second wife face 1 month jail if the fines were not paid.

 

When the court asked them for their final say, the man announced he wished to pay the fines after the hearing is concluded. Meanwhile his second wife asked the court if she can sue back the first wife if she continues talking about her or the case, but was rebuked by the judges saying their case is now settled and both parties should now move on happily ever after.

 

Meanwhile for Native Chief Lidaun, despite the passing of his younger brother, his sense of duty still brought him back to the court in the morning after which he rushed home to attend the requiem mass at a chapel in his village of Kobusak, Nosoob.

18 YEARS UNABLE TO USE NATIVE LAND 2 APRIL 2015

TUARAN.  The District Native Court here ended a retiree’s 18 years dilemma of being unable to use his one-third share of an NT land he bought in 1996 at Kg Tambalang, because one of the co-owners refused to sign the subdivision offer from the Lands and Survey Department. The appellant who wished to be identified as David Leo was unable to enter his plot via the access road as proposed in the subdivision.

The District Officer A.M. Ibnu Hj. A.K. Baba who led the panel with two other Native Chiefs found that all the documentations including land surveying for subdivision were valid and were already approved by the Lands Department. The court therefore ordered the respondent to comply with the subdivision.

During the hearing, respondent Mr Pangandai, also a retiree said he agreed with the subdivision and the provision of an open space but disagreed with the location of the access road because he was not part of the earlier agreement including the surveying of the land. However the court found this court statement as contradictory to his earlier written statement and gave him a chance to withdraw which he did.

Another reason he gave was that lots of fruit trees are found along the proposed access road and requested for alternative however the court also rejected this as there is no alternative access road available.

The bench also said only common vehicles would be entering the land and not armoured trucks.

The respondent then said because of the access road and the fruit trees he will be willing to go to any other courts.

The panel of judges then inform that their decision here is final however if the respondent is not satisfied, he can find a lawyer and then appeal at the Native Court of Appeal at Kota Kinabalu within 60 days during which the appellant will have to wait before he can take further action.

The case was decided within 20 minutes overriding  an earlier decision by the Native Court here with a panel of three native chiefs on 10 January 2013 which amongst others decided that: -

a) The case should be referred to the civil court

b) The case is not under their jurisdiction because no customary laws were involved

c)  The dispute should be settled via mutual consent.

 

Leo’s predicament begun on 9^th Sept 1996 when he bought the one-third share of the 3 acre land from one of the shareholders and proceeded to have the land subdivided under Section 40(3) of Land Ordinance Sub 68, with the agreement of the others. The cost of the surveying for the subdivision was shared by all the owners and by 21 Jan 1999, the Lands and Survey Department have issued them an approval.  Meanwhile one of the shareholders died and the property was claimed by her son Mr Pangandai. In November 2011 the Lands office at Tuaran invited all the shareholders of the land to sign the offer letter of subdivision but one refused to sign.

After receiving the verdict from the Native Court in 2013, Leo went to the Civil Court registrar only to be told that his case should be heard by the Native Court.  He also received a letter from the Lands and Survey Department dated 6 May 2013 saying that the authority to hear this case is the Native Court in accordance with Section 40(3) of the Sabah Land Ordinance thus starting the run-around.

Leo expressed relief that the District Officer of Tuaran has finally ended his merry-go-round quandary but still have to wait another 60 days for the final solution while contemplating how to recover his losses over the years.

 

 

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