SACKED BEFORE DUTY

By : JOE FERNANDEZ


THE new Penampang District Native Chief (DNC), Sylvester J Disimond, 62, who was supposed to report for work yesterday at the Native Court, has been unceremoniously axed in recent days for no apparent reason.


Informed sources swear that "questions raised by the man in the street over Disimon'ds moral standing in the community was the last straw for the state government".

Penampang District Officer William Sampil confirmed that "Disimond's appointment letter dated Aug 3 had been revoked by the State Local Government and Housing Minister Hajiji Mohd Noor".

Sampil, who has handed the revocation letter to Disimond, could not elaborate further.

Disimond confirmed that he received the letter of revocation on Aug 29 "following the decision of the State Local Government and Housing Ministry to impose a cooling off period".

"I respect the decision of the Ministry," said Disimond.

"The termination letter of my predecessor - his cousin OKK (Orang Kaya Kaya) Christopher Mojungkim, 66, should remain effective."

He denied that his appointment was revoked because it was not discussed among all Barisan Nasional (BN) component parties.

He said that the appointments of Native Chiefs Johnny Molijoh and Adrian Sikawah, both from the Penampang district, were also made without other BN parties being consulted.

The revocation of Disimond's appointment apparently followed an 'unsuccessful' meeting in late August between him, Moyog state assemblyperson Donald Mojuntin and Penampang MP Bernard Dompok.

The letter, according to Disimond when he first received it, clearly states that his "services can be terminated at any time on one month's notice".

He signed his acceptance of the letter on Aug 10 at Sampil's office.

During the three-hour meeting, both legislators, who had earlier recommended Disimon'ds appointment, reportedly "tried to persuade him not to accept the DNC post and not to report for work yesterday (Sept 1)".

Disimond, however, would have none of it and said he would report for work as per his appointment letter.

Cannot retire or be sacked

Dompok then proposed a "cooling off period to find an amicable solution and also to maintain the dignity of the Native Court".

When Disimond asked how long the "cooling off period" would last, the latter could not give a firm date.

Disimond then abruptly ended the meeting by reiterating that he would report for work on Sept 1 at the Native Court.

Albert Bingkasan, Special Officer to Dompok who is also the Plantation Industries and Commodities Minister, begs to disagree with reported versions of the meeting.

"The meeting was a success since a solution was reached for the good of all," said Bingkasan, a former Sabah journalist. "There were witnesses present. Disimond agreed to the cooling off period proposed by Tan Sri (Dompok)."

Bingkasan could not elborate on what comes next after the "cooling off period", leaving the impression that it was just a face-saving formula for all parties concerned in a controversy that could have snowballed out of control and brought political repercussions to Umno.

The DCN is also the Chief of the Native Court as the OKK.

The Dompok-Mojuntin meeting with Disimond came after the Moyog state assemblyperson received a letter from Mojungkim.

In the letter, Mojungkim pointed out that he "had many good years left in him and requested the state government not to interfere with his duties".

He pointed out that there was no provision in the Native Affairs Constitution that required him to retire at 65 years.

Earlier, he vowed in the local media that he would turn up for work as usual on Sept 1, pointing out that a DNC, according to Adat, does not have to retire, nor can he be sacked by the Government.

In fact, it was via the media that Mojungkim first learnt, to his "great surprise, utter humiliation and embarrassment", that his services had been "terminated".

He complained in the press that "didn't know how to hide my shame now and how to look my grandchildren in the eye".

Subsequently, he received a latter on Aug 12 from the NAC stating that his services had been terminated on July 23.

The letter was signed by the NAC director Mohd Said Hinayat.

Mojuntin subsequently took up the matter with Hajiji who advised the state assemblyperson to "find an amicable solution as soon as possible".

Disimond's appointment was also opposed by 27 village chiefs, Ketua Anak Negeri (KaN or Native Chief) and Wakil Ketua Anak Negeri (WKaN or Representatives of KAN).

All of them felt it might be their turn next to bite the dust.

They (some of whom are qualified to be DCN) met in Penampang over a recent weekend in an open show of support for Mojungkim.

Meeting with chief minister?

Among others, they demanded that the state government conduct "a proper investigation of the entire sordid affair".

It also believed that the village chiefs met Sabah Chief Minister Musa Aman recently when he opened the Penampang Umno division annual general meeting on behalf of deputy Umno president Muhyiddin Yassin.

Muhyiddin, also the deputy prime minister, had to cancel his appearance as he could not get to the meeting on time.

Michael Kubot, the chairperson of the Penampang Community Leaders Welfare Association (PCLWA), also issued a statement to support Mojumkim.

He did not mention Disimond.

The PCLWA is an informal body and is not registered with the Registrar of Societies.

Disimond's appointment was also opposed by Borneo Heritage Foundation chair, Jeffrey Gapari Kitingan, who cited it as "evidence of Umno's interference in native affairs in Sabah".

He also deplored the 'kurang ajar' (ill-mannered) treatment meted out to Mojungkim.

The reference to Umno was the fact that the president of the Kadazan Society Sabah (KSS) and an Umno member, Marcel Leiking, had also supported Disimond's appointment as DNC.

Disimond is KSS deputy president.

"This case creates a dangerous precedent for the future," commented one reader in a local daily.

"It will reflect badly on the government's objective to be transparent in all its dealings. It will show bad governance."

Adat expert Raymond Tombung feels that the termination of Mojungkim was morally wrong according to Adat.

"How can the new DNC (Disimond) call himself a protector of the Adat after trampling on it himself," said Tombung.

"Is the OKK now just rich in money and not OKK because of his wealth in the knowledge and observance of the Adat?"

Tombung asked for the politicians and the secular government to stay out of native affairs.

Adat punishment for humiliation

He further called for "due punishments to be meted out, under Adat, for anyone offended in public and just compensation be paid".

Adat fines (sogit) are usually in the form of a chicken, other animals, or material possessions like gongs and other similar valuables.

There should also be a public apology followed by a form of morally required cooling off period.

Mojungkim is now expected to continue as the DNC.

He has held the DCN post for 17 months. Previously, he was a village chief in Tuavon for 21 years and Native Chief for eight years.

He is a nephew of the late OKK Jintol Mogunting, a former Penampang DNC.

It was not immediately clear whether Mojungkim's "termination" letter from the NAC had been revoked as well.

He received the letter from a clerk in the district office and not from the NAC.

It is believed that he does not have any "appointment letter" and his selection was by his peers.