MOBILE COURT HELPS COUNTLESS RURAL FOLK IN SABAH, SARAWAK
The mobile court continues to provide much-needed legal services to people in far-flung areas in Sabah and Sarawak, AVILA GERALDINE writes
WHEN word about the mobile court coming to remote Kampung Matanggal, Beluran, near Sandakan, Sabah, reached the people, many families from rural areas here took the opportunity and travelled long distances to settle their children’s late birth registration.
Each family comprises parents, children, and at least two witnesses, who are required to be present before a magistrate or judge to confirm the late registration.
Recently, these families flocked to SK Matanggal, where a twoday mobile court hearing was held.
They brought along supporting documents, such as clinic book reports, marriage certificates, and birth certificates.
Maslinah Timbai, 29, from Matanggal Baru, arrived at the school on Nov 9 along with her two cousins and their children, after travelling about two hours in a rented car.
“When we reached there at 5pm, the mobile court was closed. We had to spend the night at the school just so we could register and present our case the following day,” she said at SK Matanggal in Paitan.
Maslinah, from the Sungai community, was there to assist her cousins and stand as their witness at the court hearing.
In August, she managed to settle the late birth registration for her 12-year-old child via the mobile court service in the town.
“Many parents here register their children’s birth late because of the absence of the National Registration Department (NRD) office and it is too expensive to travel to the nearest office in neighbouring districts.
“In my case, a village midwife helped deliver my child. I was in confinement and I only registered the birth two months later.
“I had to do it in Kota Marudu (about 123km away from Paitan),” she said.
Maslinah no longer has to worry about her child’s birth status as the court has verified and endorsed it. She can now apply for an identity card for her child without hassle.
Mobile court services were introduced in 2007, where legal officers are sent to rural areas to set up makeshift offices for people to certify documents and hear minor cases.
It was initiated by Tan Sri Richard Malanjum, chief judge of Sabah and Sarawak, to allow people in remote areas access to legal services.
In Sabah, many births involving citizens in far-flung areas have yet to be registered.
This is where the mobile court comes in handy as legal officers work alongside the NRD, by going to the ground and settling people’s problems.
Sandakan High Court judicial commissioner Datuk Martin Idang said legal officers had been mobilised to Paitan in the Sugut constituency three times this year.
“More than 1,000 cases pertaining to late birth registration were heard.”
According to the state birth and death ordinance, the birth of a child must be registered within 42 days. Failing that, the child will be issued with a late registration of birth certificate.
“The child will be unable to apply for a MyKad unless his/her birth certificate is verified by the court and endorsement is given to allow the child to get an identity card from NRD.
“For the court to give endorsement, we need to see supporting documents and take statements from the parents.
“We will also call in witnesses, such as the village chief or midwife, to verify the applicants’ background with valid evidence,” he said.
Martin said there had been cases of immigrants taking advantage of the mobile court service to seek Malaysian citizenship, adding that the court did not endorse such applications.
Throughout the two-day programme, Beluran member of parliament Datuk Ronald Kiandee said almost 200 cases were heard and applications were approved.
“Late birth registration is the biggest problem in this constituency but with the presence of the mobile court, it is able to ease the burden of villagers.
“We hope the government will provide more allocations so the courts can be mobilised frequently. It is also our hope that the villagers will take the opportunity because there should no reason for par-
ents to not register their child’s birth.”
Kampung Matanggal is located within a plantation estate that’s a six-hour drive from Kota Kinabalu.
SK Matanggal was established four years ago to provide rural children in the surrounding areas with access to education.
Headmaster Ahmad Rasusi @ Sanusi Ibrahim said the school had 164 pupils, six teachers and two non-academic staff.
“About 24 pupils have no documents but we enrolled them on a humanitarian basis and with support from the village chief. The Education Ministry is aware of this.
“These pupils are categorised as non-Malaysian students because they don’t have Malaysian documents.
“Like other foreign students studying in government schools, they have to pay a yearly levy of RM120 (per person) to the district education office.”
During the mobile court programme, seven delegates from the United States visited the school to gain insight into the operation of mobile courts.
Their visit to Sarawak was at the invitation of Malanjum.