By Daniel John Jambun, Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Boeneo”s Plight in Malaysia Foundation views the recent High Court ruling on Wednesday, 8th January, 2026, involving a family from Pitas as both a vindication of constitutional rights and a serious indictment of administrative failure.
While the Court ultimately corrected the wrongful recording of the applicants’ religion, it is deeply troubling that ordinary citizens were forced to endure years of hardship, uncertainty, and costly court proceedings to undo what the Court has now confirmed was never lawful in the first place.
The High Court made it unequivocally clear that this was not a case of renunciation of Islam, but a case where religious information was wrongly inserted without any factual or legal basis. The Court further held that it was fundamentally wrong for the National Registration Department (NRD) to assume the power to determine a person’s religion, a role that lies far beyond its administrative mandate.
While the Court’s decision brings long-overdue relief to the affected family, it raises an unavoidable and urgent question:
Why were they forced to go to court at all?
The applicants had clearly explained their background, produced documentary proof, and there was no evidence whatsoever of any conversion. Yet instead of correcting the records administratively, the authorities allowed the error to persist — compelling the family to seek justice through the courts.
This failure is particularly alarming in the context of Sabah’s rural and interior communities, where access to justice is severely limited. For many families, the cost of legal representation, travel to urban centres, and time away from work makes court action simply impossible.
What happens to those who cannot afford to litigate?
Are they expected to live indefinitely with identity records that misrepresent their faith, identity, and legal status?
The situation is made even more troubling by the fact that some applicants were directed toward court proceedings — and in certain cases, even toward the Syariah Court — despite there being no evidence that they were ever Muslims. This approach not only deepens injustice but places an unreasonable and unjust burden on citizens to prove what the authorities had no right to impose in the first place.
When wrongful administrative action occurs, the duty to correct it must lie with the authority that committed the error — not with the victim of that error.
Courts should never be the first or only avenue for correcting clear administrative wrongs. This case exposes a systemic problem that disproportionately harms vulnerable, rural, and indigenous communities, and undermines public confidence in state institutions.
BoPiMaFo therefore calls on the relevant authorities to urgently review NRD procedures and to establish clear, fair, and accessible administrative mechanisms to correct identity records promptly — without forcing citizens into court.
Access to justice must not depend on wealth, geography, or legal sophistication.
Accountability must begin with the authorities who exercise public power beyond lawful limits.
