KOTA KINABALU: Last week a "Datuk" who is a high-ranking civil servant was penalised for "interfering" with someone else's wife.
The fine of three buffaloes and RM3,000 in cash may seem extraordinary these days, but in Sabah, the "sogit" or penalty for such offences is not uncommon.
The New Straits Times takes a closer look at the practice of "sogit", a customary practice in Sabah aimed at keeping the peace and restoring harmony.
What is Sogit?
In essence, sogit is a penalty and compensation mechanism.
"It is meant to appease a village community for the breach of an 'adat' (custom) of the area, which is determined by the headman or Native Court as having caused 'kepanasan' (unhappiness)," said a retired Sabahan judge who declined to be named.
While applied in response to a breach of native customs, sogit varies across Sabah's many regions. The penalties imposed in one district may differ from another.
The authority to decide on a case and determine the sogit is the Native Court.
Who does it apply to
Naturally, sogit applies to Sabah natives.
Non-natives may also be subject to sogit, but a district officer would first have to consent to bring a case involving a non-native to the Native Court.
As for legal representation, the retired judge said only lawyers admitted to the Native Court Bar can appear before the Native Court.
Common transgressions
Often, common transgressions requiring sogit include illicit relationships, prohibited marriages, and incest. These are considered severe breaches that disrupt social order.
Other offences for which sogit can be sought are assault, battery, threatening behaviour, indecency, mischief, and breach of promise.
Sogit can also be demanded for disputes relating to marriage and betrothal, burial grounds and death, and birth-related matters.
Sogit penalties
"Traditionally, sogit is in the form of buffaloes, pigs, or chickens—animals meant to be slaughtered and shared by the villagers or intended parties," said the judge.
"The Native Court Rules outline these penalties, and as for the prices of animals, like buffaloes or pigs, they vary with market forces."
The judge said however that sometimes sogit is unfortunately misrepresented to include an additional form of financial compensation.
"This is a misinterpretation of its original intent to restore peace. There should not be double compensation."
Non-compliance
Those who fail to comply with Native Court orders are liable for being in contempt of court.
However, non-compliance does not automatically lead to police intervention.
Police action would only follow if directed by the court and endorsed by the District Officer, acting as a second-class Magistrate.
High-profile cases
In 2015, five foreigners who posed naked for a photo on Mount Kinabalu were ordered to participate in an animal sacrifice to appease the spirits.
In 2016, a lawyer accused of offending the Kadazan Dusun Murut Rungus community was fined a sogit of seven buffaloes.