Sabah Passes Native Courts Bill Establishing Three-Tier System

Sabah's state assembly advanced two landmark bills that reform Muslim inheritance management under the Muslim Succession Bill 2026 and modernise the Native Court system under the Native Courts Bill 2026, while reaffirming that civil and Syariah jurisdictions remain unaffected. The Native Courts Bill introduces a three-tier hierarchy—Native District Court, Native High Court, and Native Court of Appeal—along with a Native Judicial Appointments Advisory Committee to ensure merit-based appointments and a Register of Tetua to formalise customary elders’ roles. Proponents emphasised that reforms aim to strengthen the independence, transparency, and credibility of customary justice without abolishing traditional customs, with widened powers to appeal and the option for remote hearings. Some lawmakers, including Tamparuli’s Wilfred Madius Tangau, urged constitutional recognition for native courts by amending Articles 121 of the Federal Constitution to place them on par with Shariah courts, underscoring the broader constitutional dimension of Sabah’s reforms. Separately, the Sabah Ports Authority Enactment 1981 was amended to update the definition of Minister following port-management transfers, a move described as non-financial and not altering authorities, and it was passed after debates among several assembly members.