KOTA KINABALU, July 22 — Sabah today passed Bills for sweeping reforms to its traditional Native Court system introducing a new legal framework aimed at modernising customary justice through clearer court structures, merit-based judicial appointments, appeals, legal representation and even remote hearings.

The Native Courts Bill 2026, tabled by State local government and housing minister Datuk Ariffin Arif aims to replace the Native Courts Enactment 1992 which he said had been in force for more than 30 years and no longer adequately reflected changes in governance, public expectations and the state’s socio-economic development.

“The objective of this Bill is not to change, standardise or abolish customary laws,” he said in his winding-up speech.

“Customs remain alive within the community and differ according to each ethnic group, district and cultural background. What is being reformed is the institution and administration of customary justice so that customs can continue to be preserved and implemented through a more orderly, fair and credible court system.”

Among the most significant changes is the restructuring of Sabah’s Native Court hierarchy into three tiers — the District Native Court, the High Native Court and the Native Court of Appeal — providing clearer judicial responsibilities and a more structured appeals process.

The Bill also clearly defines the court’s jurisdiction by setting out which matters fall under the Native Courts while reaffirming that civil and Syariah court jurisdictions remain unaffected.

“The purpose is to create legal certainty, reduce overlapping jurisdictions and ensure disputes are heard by the appropriate forum,” Ariffin said.

To strengthen judicial independence, the proposed law establishes a Native Judicial Appointments Advisory Committee responsible for recommending judges based on merit, qualifications, knowledge of customary laws, experience and integrity.

The Bill also introduces clearer provisions governing judges’ qualifications, tenure, appointment procedures, removal from office and a judicial code of ethics aimed at improving professionalism and accountability.

Another key reform is the formal recognition of Native Court Counsel, allowing parties appearing before higher Native Courts to obtain legal representation during proceedings.

The legislation also modernises court administration by creating new positions including Chief Registrar, Registrar and Assistant Registrar to improve case management, court records and enforcement of orders.

Recognising the importance of customary knowledge, the Bill establishes a formal Register of Elders, enabling qualified traditional elders to assist the courts in cases involving indigenous customs.

To improve access to justice, particularly for Sabah’s rural and interior communities, the government is also proposing circuit courts that can travel to different districts, alongside provisions allowing proceedings to be conducted through remote communication technology where appropriate.

Ariffin said the reforms would be implemented gradually, taking into account manpower, funding, infrastructure and training requirements while ensuring ongoing cases under the 1992 enactment would continue without disruption.

He said the reforms would ultimately benefit the public by improving the efficiency and consistency of Native Court decisions while strengthening confidence in the institution while continuing to preserve indigenous customs.

The Bill was among four tabled and eventually passed by the State Legislative Assembly today. The others were the Islamic Inheritance Bill 2026, Sabah Ports Authority (Amendment) Bill 2026 and Sabah Ports (Privatisation) (Amendment) Bill 2026.