Sabah Attorney-General Roderic Fernandez's statement on NCR claims has upset Muruts who have filed a summons against him at the native court in Tenom.
KOTA KINABALU: The Murut community, angered by state Attorney-General Roderic Fernandez’s statement on native customary rights (NCR) eligibility, are demanding that he slaughter a buffalo as “sogit” (compensation) for insulting their spiritual ancestors.Rainus Sagulau, who filed his demands in the Tenom native court yesterday, on behalf of the Murut community, said Fernandez had offended Murut custom with his declaration on NCR.
He claimed that the Muruts were still practising the custom of their ancestors and that Fernandez’s statements had not only hurt the community’s feelings but also seemed to deny their existence in the NCR villagers which they had inherited from their ancestors.
“The NCR villages in Abingkoi, Korolok, Ahuron and Pongolobon in the Rundum district have been occupied by our people for five generations.
“We cannot be denied our rights just like that,” Rainus said.
When asked what he wanted Fernandez to do if he attended the hearing at the native court, Rainus said: “At the least he should apologise to the Murut community residing on NCR land.
“He has hurt our feelings with his statement and he must pay ‘sogit’ as directed by the native court.
“According to our custom, sogit must be paid to us. At the least, we expect Roderic (Fernandez) to slaughter a buffalo for the community’s continued prosperity,” he said.
Fernandez criticised
Earlier this month, Fernandez had said that there was a cut-off date for NCR under the Sabah Land Ordinance (SLO).
Fernandez reportedly said that there was no provision in the SLO for natives to occupy land after 1930 and claim NCR on it.
He added that a claimant for NCR today must show occupation of the land prior to 1931.
His statement drew flak from a host of Barisan Nasional (BN) leaders, organisations and individuals.
One non-native Sabah lawyer, Marcel Jude Joseph, took the first step to protect the long-held rights of the natives in the state by filing an application to prevent Chief Minister (Musa Aman) and the state government from refusing to recognise any NCR that came into existence after 1930 or NCR that could not be proved to have existed since 1930.
The chairman of the sub-committee for natives laws, custom and cultures of the Sabah Law Association (SLA), John Sikayun, also strongly disagreed with Fernandez.
“We strongly disagree with his views that there is a cut-off date for NCR under the SLO. This is not the position under the SLO.
“The Federal Court has decided that NCR cannot be extinguished unless the law expressly says so,” Sikayun said.
Meanwhile, Musa has agreed to discussing the issue with lawyers and concerned parties.
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