KUCHING: The upgrading of the Sarawak Native Court is currently being refined and has reached its final stage of discussion, said Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg.
He said the initiative is part of the state government’s comprehensive effort to strengthen and elevate the status of the local customary law system, which includes studying the legal frameworks of New Zealand and Canada.
“For the Dayak community, the Sarawak Government has agreed to upgrade the Native Court, and the study is now being carried out by the Dayak leaders within Gabungan Parti Sarawak (GPS).
“In fact, the Minister in the Premier’s Department, Datuk Sri John Sikie Tayai, has visited several countries such as New Zealand and Canada to examine their legal systems, specifically how the customary laws of the indigenous peoples there are recognised and effectively managed,” he said.
He said this in his address at the 6th Parti Rakyat Sarawak (PRS) Triennial Delegates Conference (TDC) at Riverside Majestic Hotel here today.
He said that the findings from the visits and studies will serve as the foundation for drafting a new legal framework to upgrade the Sarawak Native Court so that it will be formally recognised under the State’s legal system.
“We want this Native Court to have a clear legal framework, an official system that governs the customs of the Dayak community.
“Sometimes, decisions on Native Customary Rights (NCR) land cases are made based on civil law, even though certain matters should rightly be decided according to customary law,” he explained.
When asked whether the proposed upgrade would be tabled at the State Legislative Assembly (DUN) sitting this coming November, he explained that the proposal is still undergoing final review and discussion.
“Several aspects are being fine-tuned to ensure that this reform fully complies with legal principles as we seek to elevate the stature of the Sarawak Native Court.
“We want it to be in line with best practices, as seen in New Zealand and Canada,” he said.
He added that with a well-structured and recognised customary legal system, many issues within the Bumiputera community could be resolved internally and harmoniously, without political interference.
“We want this approach to be academic and knowledge-based, not political. If it’s based on academia, it will be more neutral and fact-based.
“That is also why we are implementing reforms by establishing law faculties at Universiti Malaysia Sarawak (UNIMAS) and Swinburne University of Technology Sarawak Campus.
“This way, we can produce legal practitioners, including local judges, who understand our customs and state laws; those specially trained in both legal and customary fields,” he said.
Abang Johari also highlighted the State’s continuous commitment to improving connectivity and infrastructure across Sarawak, noting that many bridges have already been constructed and more are in the pipeline.
“We will be constructing a road from Marudi to Long Terawan and on to Mulu, which will also connect the northern areas of Lawas and Limbang.
“Construction will begin next year and is expected to take about four to five years,” he said, adding that the project spans approximately 300 kilometres.
He said the road will open up the Baram area, serving as a catalyst for development there under the new economy.
“We are now moving towards a carbon-based economy, and this will act as a carbon sink,” he said.
