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Minister: S'wak Native Courts' transformation awaiting legal clearance
Minister: S'wak Native Courts' transformation awaiting legal clearance

Borneo Post

time26-05-2025

  • Politics
  • Borneo Post

Minister: S'wak Native Courts' transformation awaiting legal clearance

Dato Sri John Sikie Tayai – Chimon Upon KUCHING (May 27): The transformation masterplan for Sarawak Native Courts is unable to proceed at this stage as the draft Bills for two proposed laws are still under review by the State Attorney-General's Chambers. According to Minister in Sarawak Premier's Department Dato Sri John Sikie Tayai, the proposed legislations are the New Native Courts Bill, intended to replace the current Native Courts Ordinance 1992; and the New Native Courts Judges Appointment Council and Native Courts Judges Remuneration Bill, set to govern the appointment and service scheme of Native Court judges. 'The ultimate objective of this transformation agenda is to restructure the current Native Courts and eventually, elevate their status to that of an independent and full-fledged judicial institution on par with the civil and Syariah courts,' he said in his winding-up speech at the DUN sitting yesterday. He added that this masterplan would be implemented in three phases over the next several years. 'The first phase requires the enactment of new state laws and amendments to existing legislation as the foundation for the restructuring process,' he clarified. Sikie, the Kakus assemblyman, also hailed the transformation and restructuring of the Native Courts as 'vital' in ensuring that 'justice would be served equitably across all segments of Sarawakian society'. 'Elevating the Native Courts to be on par with the civil and Syariah courts will uphold the dignity of native laws and ensure native communities have access to a competent, professional and respected judicial system.' He added that until the passing of the new Native Courts Bill in the august House, the Native Courts would continue to operate under the current Native Courts Ordinance 1992 and Native Courts Rules 1993. DUN sitting John Sikie Tayai legal fraternity Sarawak Native Courts

Transformation of Sarawak's Native Courts to involve new legislation, amendments to existing ordinances
Transformation of Sarawak's Native Courts to involve new legislation, amendments to existing ordinances

Borneo Post

time22-05-2025

  • Politics
  • Borneo Post

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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