SAANS: UMS law faculty should work closely with Sabah Native Court to reflect state’s legal pluralism

KOTA KINABALU (Jan 20): The proposed Faculty of Law at Universiti Malaysia Sabah (UMS) should collaborate closely with the Sabah Native Court system to reflect the state’s unique legal pluralism, says Sabah Native Customary Schools (SAANS) president Shalmon Sanangan.

He said the indigenous communities of Sabah continue to practise a living legal system rooted in customary laws, indigenous knowledge and community-based principles.

“The Native Court system is not a historical relic. It is a living legal institution that continues to guide responsibility, restoration and social harmony within our communities,” he said in a statement.

Shalmon said native customary laws are sustained through daily practice, intergenerational transmission and the work of Native Court practitioners and customary elders.

“Native laws and customs are practised and taught every day, not only in courtrooms but within families and communities,” he said.

Shalmon said the establishment of a law faculty presents a valuable opportunity to strengthen legal education in Sabah through cooperation with those who practise and steward customary law.

“Legal pluralism in Sabah should be understood as lived experience, not treated merely as theory in textbooks,” he said.

According to him, engagement with Native Court institutions, customary elders and training bodies such as the Native Court Training Institute, as well as community based practitioners including SAANS, would enable future legal practitioners to develop a more grounded understanding of justice.

He said SAANS has long viewed research, documentation and education as complementary pathways for sustaining native customary knowledge across generations.

“Our work shows that customary governance remains relevant when it is researched, documented and taught in partnership with communities,” he said.

Shalmon noted that the organisation works alongside academic partners such as the Borneo Institute for Indigenous Studies (BorIIS) at UMS through established collaborations, including the MAANS UMS Customary Schools Living Lab.

“These collaborations provide real settings where students and researchers can learn how customs operate in practice,” he said.

He added that such an approach aligns with Sustainable Development Goal (SDG) 16 on peace, justice and strong institutions.

“Recognising indigenous legal traditions as integral to justice is essential for building inclusive and responsive institutions,” he said.

Shalmon said a Faculty of Law that engages directly with the Native Court system and customs practitioners reflects a long held aspiration among native communities in Sabah.

“This would place UMS among a small group of institutions internationally where legal education is shaped by lived legal pluralism rather than treated as a marginal case.

“Sabah has much to offer the world in terms of serious learning about law, justice and plurality in practice,” he said.