KOTA KINABALU – Several Kadazandusun Murut Rungus (KDMR) associations are determined to bring lawyer Marcel Jude Joseph to the native court for his recent insulting remark against the Unduk Ngadau Kaamatan cultural pageant.
United Sabah Dusun Association (Usda) president Datuk Ewon Ebin who represented 20 KDMR associations filed a statement of claim at the native court in Tuaran against Joseph for insulting the community by his remarks describing the annual pageant as a “cattle show”.
“We, the associations involved, had a meeting on July 10 to discuss the matter and came to the conclusion that what Joseph did was a grave insult to the community and a grave breach of native customary law.
“Therefore, the matter has to be brought to the native court for adjudication,” Ebin said in a statement today.
He said that there is widespread apprehension across the KDMR community about the so-called settlement agreed to by Joseph through mediation by Kadazandusun Cultural Association Sabah (KDCA) to pay a “sogit” of seven buffaloes to the KDMR community.
“Our stand is that the mediation as facilitated by KDCA is not legally valid because proper procedure was not adhered to. KDCA is only an NGO and therefore cannot claim that it represents the whole community.
“Moreover, many ethnic associations affiliated with KCDA had not been consulted about the court and deal,” Ebin claimed, adding that the associations that filed the claim stressed that mediation must be conducted in a native court by an official of the native court.
Firstly, he pointed out, there must be a commencement of summons by the complainant in the native court.
“If there is a desire for mediation by both parties, the process must be conducted by an official in the native court. The parties (involved) cannot discuss, negotiate and agree outside the court and later ask the native court to endorse it,” Ebin said.
He said the Penampang native court must stand to protect the sanctity of the matter accordingly, and that its judicial independence would otherwise be compromised as it would be seen to be subjugated to external influence, with serious repercussions.
“We therefore collectively decided to bring the case to the native court for adjudication,” he said.
Other than Usda, 19 other associations include Angkatan Perpaduan Sabah; Momogun National Congress; Persatuan Dusun Luba Sabah; Persatuan Kebudayaan Lundayoh; Persatuan Tombonuo Sabah; Persatuan Suang Lotud; Persatuan Pengamal Adat Sabah; Persatuan Tatana Kebudayaan Sabah; Persatuan Penjaja dan Peniaga Kecil Pasar Besar Kota Kinabalu; Rungus Cultural Association; Persatuan Kimarangan Sabah; Persatuan Suku Kaum Dusun Subpan Segama, Lahad Datu Sabah; Persatuan Etnik Sonsogon Sabah; Persatuan Desanita; Persatuan Tinagas Zon Utara; Persatuan Tindal Sabah; Persatuan Komulakan Suang Lotud Tuaran and Persatuan Tobilung Sabah.
The case started on June 12 when a court submission calling the Unduk Ngadau women’s cultural pageant an “exotic cattle show” and “auction show” went viral in Sabah.
Last Friday, KDCA deputy president Datuk Seri Jeffrey Kitingan said the association had reached an agreement with Joseph to resolve the issue of the latter’s insult to the KDMR community.
He said that Joseph had agreed to settle a sogit of seven buffaloes for the KDMR community, through the KDCA, within 14 days. On top of that, Joseph is also required to publish a half-page public apology in a daily local newspaper of his choice.
Kitingan said that the agreement will be registered with the native court in Penampang and that both parties have agreed not to challenge the terms of the agreement in any existing courts in Sabah.
“On behalf of KDCA and all the associations affiliated with us, we have agreed not to pursue court action against Joseph, and we consider this matter to be closed. Therefore, we are asking the whole KDMR community to bury the hatchet and do what we have always done, which is to promote peace and reconciliation,” Kitingan had said. – The Vibes, August 17, 2021
