KOTA KINABALU: Sabah laws need to be revised, reformed, and amended to best suit current times, said Sabah Law Society (SLS) president Mohamed Nazim Maduarin.
Nazim said as Sabah moves into a prosperous future with various growth initiatives, there are outdated ordinances, some dating back to colonial times, that may hinder the state's development and progress.
This includes various laws such as Land Ordinance, Land Enactment (Subsidiary Ownership), Local Government Ordinance, Town and Country Planning Ordinance.
"There are gaps in the law, which fail to address contemporary issues and needs. The procedures and terminology are outdated which makes land transactions and government related transactions slow and costly," he said at the opening of the legal year 2024 for Sabah and Sarawak, at the Sabah International Convention Centre (SICC) today.
Nazim added that ironically, there are administrative practices and decisions made by government departments that were made without the backing of amendments to the written law.
This raises the issue of transparency and affects the lawyer's duty to advise clients properly in certain matters.
"As our state becomes more urbanised, our residential landscape also sees a shift to more high rise buildings. The absence of a comprehensive and effective law governing management corporations has left many of our local residential owners suffering for many years, and are still suffering. This makes it difficult for our property market to grow."
Nazim also pointed out that the Sabah Minor Offences Ordinance was also outdated as penalties and procedures did not effectively address petty crimes and contributed to backlogs in the justice system.
"There is an obvious need for a dedicated law reform committee to carry out a comprehensive review of all state laws and identify those in need of urgent reform. Amendments to outdated Sabah laws need to be done holistically and not piecemeal so that Sabah's economic growth will not be disrupted.
"To help expedite these reforms, I would like to state here that the SLS is ready and willing to assist in reviewing and revising these outdated laws."
On another note, Nazim said SLS hopes to launch many initiatives, this year and in the future.
Among others were offering pro bono legal representation in Native Court of Appeal cases, offering pro bono legal support for parties engaged in Land Enquiries/Appeals to the Director of Land & Survey related to native customary rights, and establishing dedicated legal clinics to provide regular pro bono consultations to individuals seeking assistance in native, Syariah and customary rights cases.
"SLS will continue to provide legal aid and continue spreading law awareness and promoting legal literacy. We believe citizens must be educated on what the law has to offer and they should understand how the legal system works to protect their interests, and safeguard society.
Earlier, over 500 lawyers, judges, and legal officers from Sarawak and Sabah marched from the Hakka Cultural Centre to the SICC to commemorate the beginning of the Sarawak and Sabah Legal Year 2024 today.
Dressed in a full court dress, law practitioners participated in the hour-long procession that started at 7am.