Transformation of Sarawak's Native Courts to involve new legislation, amendments to existing ordinances
Datuk Jefferson Jamit Unyat — Photo by Chimon Upon
KUCHING (May 22): The study to upgrade the status of the Native Courts of Sarawak has been completed and is now in the planning stage to be tabled as a Bill in the State Legislative Assembly (DUN).
Deputy Minister in the Premier's Department (Native Customs and Laws) Datuk Jefferson Jamit Unyat said the restructuring and upgrading study, which began in 2020, was completed in February 2023.
The final report was presented to the state Cabinet in July 2023.
'The Cabinet has, in principle, approved the findings of the 'Masterplan for the Transformation of the Native Courts of Sarawak',' he said in response to a question from Bukit Semuja assemblyman John Ilus during the DUN Sitting here today.
He explained that based on the transformation master plan, the Native Courts will undergo restructuring that involves the drafting of new legislation and amendments to existing ordinances.
'The existing Native Courts Ordinance, 1992 will need to be repealed and replaced with a new Native Courts Ordinance,' he said.
Jamit added that a New Native Courts Bill will be drafted and tabled in the upcoming Sarawak Assembly sitting.
Additionally, a New Native Courts Judges Appointment Council and Native Courts Judges Remuneration Bill will also be drafted and tabled, along with amendments to the Majlis Adat Istiadat Sarawak Ordinance, 1977.
Commenting on the implications for the administration and enforcement of Native Customary Law, he said the restructuring will involve changes in the administrative structure and jurisdiction of the courts.
'Court cases will be handled by certified and qualified magistrates and judges in four levels of court: Native Magistrates' Court, Native High Court, Native Court of Appeal, and Native Supreme Court,' he said.
He stressed that this initiative will ensure court management and trials are more structured and professional, on par with the Civil and Syariah courts.
In response to a supplementary question from the Bukit Semuja assemblyman on the specific changes brought about by the transformation, he said the Native Courts hierarchy will be streamlined into two main levels — the Native Lower Court and the Native High Court.
'This transformation will also involve the development of the Chief Registrar's Office organisation in terms of operations and human resource needs,' he said.
He added that the restructured courts will have a headquarters in Kuching Division and three regional centres located in the Samarahan, Sibu, and Miri Divisions. Jefferson Jamit Unyat lead Native Courts of Sarawak
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