DPM: Malaysia's legal system must reflect nation's identity

Borneo Post

4 days ago

Fadillah (left) receives a memento from Tan at the event in Kuching. — Information Department photo
KUCHING (Aug 3): Malaysia, which is set to mark its 62 years of nationhood next month, has reached a stage of legal maturity, Deputy Prime Minister Datuk Seri Fadillah Yusof has observed.
According to him, the courts in the country have consistently developed a body of Malaysian jurisprudence shaped by local circumstances, culture and dynamics.
In this respect, he cautioned against the uncritical application of foreign legal precedents, particularly those from the English laws, if such adherence imposed undue hardship on litigants or overlooked the context of Malaysia's constitutional and statutory framework.
'There should not be slavish spellbound adherence to foreign precedents in the interests of justice, at the expense of hardship to a litigant.
'We, too, possess distinct economic dynamics, social structures, and localised challenges that demand home-grown solutions.
'Let our Malaysian jurisprudence evolve with confidence, rooted in our unique identity, so that it may one day stand as a proud and respected reference point across the Commonwealth,' he said in his speech for the Inns of Court Malaysia (ICM)'s Grand Dining 2025 last Saturday night, held in conjunction with the inaugural benching ceremony of Yang Di-Pertua Negeri Sarawak Tun Pehin Sri Dr Wan Junaidi Tuanku Jaafar.
Adding on, Fadillah cited the Court of Appeal in Ong Koh Hou @ Won Kok Fond vs DA Land Sdn Bhd and 2 Ors [2018] 5 AMR 269; and the late His Royal Highness Sultan Azlan Shah in Home Luck Investments Sdn Bhd vs Commissioner of Federal Capital of Kuala Lumpur [1969] CLJU 56 – both of which emphasised that Malaysian courts must interpret and apply the law in line with local statutes, values, and realities rather than following English legal precedents uncritically, especially when doing so could risk injustice or hardship to the litigants.
On another matter, Fadillah hailed the just-established Universiti Malaya's Law Faculty at Swinburne University of Technology Sarawak Campus and the upcoming Faculty of Law at Universiti Malaysia Sarawak (Unimas), as 'key opportunities to deepen the engagements among the legal communities of Peninsular Malaysia and East Malaysia'.
In this regard, the Deputy Prime Minister called for more activities to be carried out by ICM in East Malaysia.
'In this connection, ICM Exco Sarawak Tan Kee Heng has been tasked with strengthening the linkage with the legal and judicial fraternity in Peninsular Malaysia for the advancement of the legal learning and education through the ICM centred in Kuala Lumpur.
'This gives room for greater cooperation and the exchange of ideas for the benefit of the legal profession and the judiciary, as well as for nation's growth.'
Fadillah also took the opportunity to reaffirm Sarawak's position as a top-tier investment destination, citing its political stability, visionary leadership, and socially cohesive society as key factors that inspired confidence among domestic and foreign investors.
In this respect, he called for a more inclusive and interconnected approach to legal development, urging the stakeholders to embrace diversity and cooperate across sectors in pursuit of social justice. constitutional fadillah yusof legal fraternity