THE transformation of the Native Courts of Sarawak will be carried out in three phases over the coming years, beginning with legal restructuring through the introduction of new state laws and amendments to existing legislation.
Minister in the Premier’s Department Datuk Seri John Sikie Tayai said the key laws required for the initial phase include the New Native Courts Bill, which will replace the Courts Ordinance 1992, and the New Native Courts Rules, which will replace the Native Courts Rules 1993.
In addition, he said two other proposed laws—the Native Courts Judges Appointment Council and the Native Courts Judges Remuneration Bill—will govern the appointment process and service scheme for Native Court judges.
“At this juncture, the transformation is not able to proceed as the draft Bills of these two state laws are still under the review of the State Attorney General Chambers.
“The transformation and restructuring of the Native Courts of Sarawak is necessary to ensure justice is served equitably across all segments of society.
“Elevating the Native Courts to be on par with the Civil and Syariah Courts will uphold the dignity of native laws and ensure that the native communities have access to a competent, professional and respected judicial system,” he said.
He said this in his ministerial winding up speech at the Sarawak Legislative Assembly (DUN) sitting here on Monday (May 26).
Until the new Native Courts Bill is passed by DUN members, Sikie stated that the Native Courts of Sarawak will continue to operate as it is presently, based on the Native Courts Ordinance, 1992 and Native Courts Rules, 1993.
Additionally, he added that Native Courts still faced a number of outstanding cases.
“As of April 30, the outstanding cases for all level of courts throughout Sarawak are as follows: Headmen’s Court (13 cases), Chief’s Court (3,261 cases), Chief’s Superior Court (120 cases), District’s Native Court (1,230 cases), Resident’s Native Court (291 cases) and Native Court of Appeal (81 cases).
“This brings the total of 4,996 cases which are still outstanding. The Native Courts is making every effort to settle the remaining outstanding cases,” he added.
