Lawyer Priskila Akwila Sinem says any grievance against the activist for exercising his freedom of speech should be filed as a civil case, which native courts have no legal standing.
KOTA BELUD : — The Keningau Native Court has no jurisdiction over graphic designer and activist Fahmi Reza whom it has accused of disrespecting Sabah Governor Tun Musa Aman with a caricature, a lawyer said.
Priskila Akwila Sinem, who is also deputy chief coordinator of Parti Kerjasama Anak Negeri in Kota Belud, said the native court does not have the legal standing on the matter which is outside the ambit of the Native Court Ordinance.
In a press statement, she cited Section 9 of the Ordinance that states the native court does not have jurisdiction over any power or matter within the jurisdiction of the Syariah Court or the Civil Court.
The native court also does not represent the entire Momogun community in Sabah as people “especially the younger generation”, are against “widespread corruption involving political leaders and civil servants” in the state, Priskila added.
“(Fahmi’s) caricature resembling a known political figure is a mere political statement against corruption.
“The caricature resents the voice of Sabahans who are not satisfied with the lack of action by the authorities on corruption in high places.
“Sabah youths like me have a strong feeling and worry about the effects of the culture of corruption on the economy and the future wellbeing of the State and people of Sabah,” she said.
Priskila added that Fahmi has the right to use his art to make political statements, and her party, which upholds the freedom of speech, disagrees with the action taken by the Keningau Native Court to seek a customary compensation from the activist over his artwork.
“As a member of the Dusun Momogun community in Sabah, I am not influenced, nor am I offended by Fahmi’s caricature which to me is just a political statement to fight corruption.
“The caricature does not insult, nor violate or degrade the customs and dignity of the Sabah native community,” she added.
Priskila was commenting on the Keningau Native Court’s move to demand customary compensation from Fahmi for allegedly insulting the Momogun native community with his caricature of Musa that insinuated he was corrupt.
The caricature of Musa, who was sworn in as Sabah Governor on Jan 1, was released on social media. The artwork has also been painted on several public buildings in Kota Kinabalu.
The Keningau Native Court two days ago said it will issue a summons to Fahmi demanding customary compensation, Bingkor District Chief OKK Daniel Palangi had announced.
He said the decision against Fahmi was made collectively by local Keningau leaders and village heads in accordance with the special rights and status of native communities, and to safeguard the honour of Sabah’s leaders.
However, Priskila said any individual aggrieved should take legal action under civil laws instead of native laws.
She said corruption in Sabah was a serious issue and could explain why the state continued to have the highest poverty rate besides failing to implement rural infrastructure projects. – scoop.my
