Adat for whom and by who, when IC gone awry?

 [and the most famous was Gunsanad, the father of the more famous chief in Keningau, OKK Sodomon and OKK G. S Sundang. And these are also the ancestors of Musa, amongst others. ]  so what????

 http://www.dailyexpress.com.my/read.cfm?NewsID=1113

Opinion

Published on: Sunday, February 17, 2013

A database on Adat By: Tan Sri Panglima Herman Luping

A call has been made by Chief Minister, Datuk Seri Musa Haji Aman to establish a database for native laws and customs. This call was made at the biennial Conference of Sabah Customary Chiefs in Sandakan last week.
The Chief Minister urged the government body "the Sabah Natives Affairs Council (MHEANINS) to be more proactive and establish a database on native laws and customs in Sabah in order to further strengthen the Native Court institution.
He also encouraged the Council to forge cooperation with higher learning institutions and related bodies to help set up the database.
He envisaged the database established to include information of cases handled by Native Courts in the State and accurate records of judgments.
This call for establishing a database for native laws and customs is very timely. Indeed, the protem Chairman of the newly formed "Pusat Sumber Adat dan Mediasi Kaum Anak Negeri" - Pusaka - or " Centre for Natives Mediation and Customary law Research", lawyer, Martin Indang welcomed the call made by the Chief Minister.
He explained that Pusaka (now waiting for the registration certificate from the ROS) was formed comprising bumiputra lawyers precisely to help establish the database for native laws and customs in the State.
Amongst those who are active in the promotion of Pusaka is the former President of the Sabah Law Association, Datuk John Sikayun.
A book was in fact written about the history and background of the native court of Penampang and the various important native court cases heard in the Penampang native court.
The book was edited by Madam Fiona Jinu. The book is due to be published soon.
This is one of the sort of database that the Chief Minister is calling to be established said Martin. He said Pusaka is an association comprising of bumiputra lawyers.
Pusaka is a non-governmental organisation (NGO) but the committee members of Pusaka would work closely with the government body - the Sabah Natives Affairs Council (MHEANINS) in realising the call made by the Chief Minister, he said.
There is a common interest therefore in the establishment of the database for native laws and customs.
Martin also mentioned that the formation of Pusaka is very much the inspiration and encouragement made by YAA Tan Sri Richard Malanjum, the Chief Judge of Sabah and Sarawak.
He hopes Pusaka would be registered soon.
The native court was the creation of the White Administration - starting with the Chartered Company government (1881-1946) and later refined and developed further by the Colonial Administration(1946-1963) .
To the Chartered Company government the setting up of the native court and along with it, the appointments of native chiefs were in line with the dictates of the Royal Charter granted by Queen Victoria to the Company: to respect native adat, custom and religion.
The setting up of the native court and the appointment of the native chiefs was the best they could do to realize this "command".
The annual and later, biennial Native Chiefs Conference, was an important event in those days. The native chiefs, drawn from the various indigenous communities were able to put down in papers what the indigenous communities needed for the government to attend.
And amongst the most important requests was the putting up of schools in the various villages and for many years, the call to set up government schools with English as the medium of instruction was repeatedly asked.
However, Adat was an all important law, moral and customary laws that governed the indigenous communities - especially the Kadazandusun and Murut. Adat was a way of life. As there was no writing amongst them, Adat was passed from generation to generation by words of mouth.
It was not until the advent of White Rule that efforts were made by a White civil servant to put in writing Adat.
It was G. C. Wooley who is credited for doing this.
His collection of Adat was later known as the "Woolley Codes".
These Codes were originally produced between 1932-and 1937 and printed versions were published by government printing office only in 1953 and reprinted in 1962 known as Native Affairs Bulletins Nos 1 to 7.
These Native Affairs Bulletins included "the Timoguns first published in 1936 and reprinted in 1953 as Bulletin No 1.
Then followed more Bulletins - such as Tuaran Adat, Murut Adat, Dusun Adat, Kwijau Adat and the last (7th) was Dusun Custom in Putatan district, reprinted in 1953.
There are now three important enactments introduced and these are known as the:
1. Native Courts Enactment 1992: Native Courts (Practice and Procedures) Rules 1995
2. Native Courts Enactment 1992: Native Courts (Native Customary Laws) Rules, 1995 and
3. Native Courts Enactment 1992: Native Courts (Registration of Native Court of Appeal Advocate) Rulles 1995.
These are the current enactments that are closely followed in the administration of the native court in the State.
The Second Enactment, "Native Courts (Native Customary Laws) Rules 1995, however is the most important and regularly referred to by Native Courts when deciding cases on Adat issues. Indeed, all the Adat (laws) from "Assault to Birth and Customary Abstention" etc. are in this second enactment. Adat on morality such as male and female relationships are also clearly defined.
Compensation for injuries is distinct from payments of damages.
The four types of compensation are "sogit", "kepanasan" "babas" and "danda malu".
These are all in the nature of compensation. They are closer to the "restorative justice" (as opposed to punishment) that is now actively promoted by various governments in the West.
Meanwhile, the appointment of native chiefs too is very much the creation of the White Administration.
Before the coming of White rule in Sabah, the four institutions in the Kadazandusun and Murut villages for instance were the Orang Tua, the Village Elders, the religious group (bobohizan) and the Huguan siou institution.
This letter was in fact very recent and not as old as the first three.
But when White Rule arrived, these institutions that governed the villages, were abolished except the Orang Tua sysem which was retained.
The village elders institution was replaced by the appointment of native chiefs.
And amongst the well known native chiefs appointed were: from the Kadazandusun Murut in the interior, and the most famous was Gunsanad, the father of the more famous chief in Keningau, OKK Sodomon and OKK G. S Sundang.
And these are also the ancestors of Musa, amongst others. 

[37.   Jabar on Musa Aman's 400k IC 

http://www.blogger.com/blogger.g?blogID=4982377064995119496#editor/target=post;postID=5877665401449084762] and [ http://wikisabah.blogspot.com/2013/01/musa-involved-in-ic-scam.html]

From the Muslim-Brunei chiefs were OKK Pengiran Tun Ahamd Raffae, OKK Datuk Yassin Hassim, OKK Datuk Kasim Hashim the latter's brother.
And from Tawau, there was the late OKK Datuk Kerahu and the late OKK Datuk Titingan. And from Penampang, the late NC Tan Ping Hing and the late NC Ewan.
And from Kudat, there was OKK Tun Datu Mustapha bin Datu Harun. And from Tuaran district was the late OKK Indan Kari, later Tun Hamdan when he was appointed the Head of State.
Indeed, all the native chiefs were appointed not only for their deep knowledge of Adat but also for their leadership qualities by the Colonial administrators; and they are still appointed for the same reason.
Most of them rose to become political leaders of the State when Sabah gained independence from the British.
Mustapha was the first Head of State and later, the Chief Minister for ten years (1967-1976); Pengiran OKK Tun Raffae was amongs the very first few who became an Assistant district officer during the colonial period and later, the second Head of State.
Datuk Yassin rose to become District officer, Tenom and later State Minister; his brother, OKK Datuk Kassim rose to beomce the first Speaker of the Legislative Assembly. OKK Datuk G. S. Sundang became Deputy Chief Minister and many more.
The native chiefs then and now, are part of the government machinery.
It is therefore not surprising that the Chief Minister in his call for the establishment of a database for native laws and customs, that he also called on the native chiefs to perform their true functions as part of the government machinery.
They are also the delivery system of the government and must therefore carry on their duties and responsibilities to convey the government's many efforts to give development to the State and people.
He said the government has had a lot of major development projects completed for the benefit of the people.
Besides, billion of ringgits have been invested by foreign investors in the State because of their great confidence in the governance of Sabah by the BN coalition government, he pointed out.
These information should also be told to the people and the best persons to do this are the village and district chiefs.
As is, the present native chiefs perform two functions: as judges or magistrates to interpret Adat and Custom and as part of the delivery system to implement government's functions and duties.