Green light for plan to revamp Sarawak native court system, state minister says
KUCHING, Nov 27 — The state Cabinet has approved a master plan to transform the Sarawak native courts, Minister in the Premier’s Department (Native Laws and Customs) Datuk John Sikie Tayai said today.
However, he said the master plan will only be implemented once the state government repeals the current Native Courts Ordinance 1992 and Native Courts Rules 1993 and introduces the Native Courts Ordinance and new Native Courts Rules.
In his winding-up speech in the State Assembly, Sikie said the Native Courts Bill will be tabled at the Sarawak state assembly meeting next year.
He said among the recommendations include for the current native courts to be restructured and elevated from being just a unit under the Premier’s Department to a full-fledged judiciary that will be independent and autonomous.
“The other major change would involve the hierarchy and organisational structure of the current native court system,” he said, adding that it would relate changing the six-layer court with a four-layer structure comprising the Native Magistrates Court and the Native High Court.
He said the Native High Court would comprise three layers, namely the Native High Court, Native Court of Appeal and Native Supreme Court.
He added it is the intention of the state government to appoint legally qualified persons to serve as full-time magistrates and judges under the new native courts.
“The proposed restructuring and elevation of the native courts would also involve some changes to the roles and functions of the village headman and community leaders who are now the presiding officers of the Headman, Chiefs and Chiefs Superior Courts or the community level courts under the present structure.
“At this moment, the headman or community leaders appointed by the government are presiding over cases at the Headman Courts while the community leaders namely Penghulus, Pemancas and Temenggongs are presiding over cases at the Chief and Chiefs Superior Courts.
“While the headmen and community leaders would continue to perform their roles as custodians and administrators of the adat, they will no longer be part of the formal new native court system as presiding officers.
“However, some of them will be involved and appointed as the Council of Elders to assist the Magistrates at the Native Magistrates Courts and Judges of the Native High Courts,” he said.
He said the master plan was produced by a steering committee chaired by Deputy Premier Datuk Douglas Uggah Embas, a technical committee headed by the state Attorney General, a Study Secretariat at the Office of the Chief Registrar of the Native Courts, and a consultant team for their ideas and inputs.
