Sabah law group says outdated laws hindering state’s development

KOTA KINABALU: Sabah laws that are outdated need to be revised, reformed and amended to best suit current times, and the Sabah Law Society is ready to assist.

Sabah Law Society president Mohamed Nazim Maduarin said as Sabah moves into a prosperous future with various growth initiatives, there are certain outdated ordinances, some dating back to colonial times, that may hinder the state's development and progress.

He said more efforts are needed to update or revise various laws such as the Land Ordinance, Land (Subsidiary Title) Enactment, Local Government Ordinance, Town and Country Planning Ordinance.

“Without any updating or revision, outdated ordinances may hinder the state’s development and progress,” he said in his speech during the opening of the Legal Year.

Mohamed said there are gaps in the law, which fail to address contemporary issues and needs, where the procedures and terminology are outdated which make land transactions and government-related transactions slow and costly.

He said strangely, there were administrative practices and decisions made by government departments that were done 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, he added.

Mohamed said 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Amendments to outdated Sabah laws, needs to be done holistically and not piecemeal, so that Sabah’s economic growth will not be disrupted.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I would like to state here that the Sabah Law Society is ready and willing to assist in reviewing and revising these outdated laws,” he said.

Later in the event, Sabah Attorney General Datuk Nor Asiah Mohd Yusof highlighted a notable accomplishment delivered by the state Attorney General’s Chambers (AGC) which acted as a stepping stone in realising the goal of the Malaysia Agreement 1963 (MA63).

“On Jan 3 this year, the state legislative assembly convened a special sitting where three Bills related to the takeover of the regulatory authority over energy-related matters were passed,” she said.

The chambers assisted in drawing up the regulations which were safely passed and gazetted, she added.

“In light of the milestone we have achieved in the past year, it is crucial to not be over complacent and as aspired by the people of Sabah, the state AGC will continue fighting for Sabah rights under MA63,” Nor Asiah said.

The opening of the legal year 2024 for Sabah and Sarawak started with a legal procession involving over 800 people from the legal fraternity.