MIRI (March 21): Native courts should aim at resolving cases within three years, or latest by five years, to ensure justice is carried out expeditiously and judiciously, said Deputy Minister in the Premier of Sarawak Department Datuk Gerawat Gala. The Office of the Chief Registrar and the state government are concerned that 35 per cent of cases are categorised as ‘still outstanding’ (cases registered before 2015) at the various levels of the Native Courts, he added when officiating at the seminar on management of cases for Native Courts of Sarawak at a hotel here yesterday. “All cases in native courts should be resolved within three years, or a maximum five years as KPI (key performance index) to be on par with the Civil Court or Shariah Court system,” he said. He was responding to the statistics disclosed by Native Court chief registrar Datu Michael Dawi Alli in his speech, that there are 16,877 registered cases, of which 10,927 (64.7 per cent) have been settled while 5,950 (35.3 per cent) are still outstanding as of March this year. The two-day seminar for District Officers (DOs) and Administrative Officers (SAOs), themed ‘Re-Invigorating the Native Courts of Sarawak’, is attended by 36 participants from the northern zone – Bintulu, Miri and Limbang – dealing with District Native Court (DNC) cases. It is the first in a series of three seminars planned for this year. A similar seminar for the southern zone in Sri Aman and central zone in Sibu will be held in April and July respectively. Chief Court cases under the supervision of district officers in their capacity as Registrar of district native courts account for 10,016 or 59.3 per cent out of the total number of cases. A total of 2,709 cases or 27 per cent of these cases are outstanding. DOs presided over 3,582 DNC cases (or 21 per cent of the total number of registered cases) and over 35 per cent or 1,257 cases are still outstanding. Currently, the backlog cases under the Headman Court, Chief Court and Chief Superior Court are directly under the supervision and management of the district officers, who are also the Court Registrars. The deputy minister suggested that functions and responsibilities of the Native Courts which concern and affect the DOs and SAOs need review to meet the rising expectation of the people. However, they will continue performing their statutory judicial duties under the Native Courts Ordinance 1992 pending the elevation of the Native Court that will require amendments to state and federal laws, and possibly the Federal Constitution. Following the study which the government had completed and the final report that had been accepted and approved by the Steering Committee last September, a cabinet paper is currently being prepared. “It is only after the State Cabinet had approved the recommendations in the Final Report that we can activate or commence in earnest the restructuring and elevation exercise,” he said. Also present at the seminar were Native Courts of Appeal president Datu Thomas Akin Jeliman, Limbang Resident Unus Tambi, Bintulu Resident Nyurak Keti and Nora Shafia Muhiyuddin, representing Resident of Miri Division.

Kota Samarahan: The transformation of the Native Court of Sarawak (MBS) is approaching when the Cabinet Paper on the matter is expected to be presented this month. Former MBS Chief Registrar Michael Dawi Alli said the Cabinet Paper is in the final stages of preparation after a study on MBS transformation was completed and confirmed in January this year. “ The study was supposed to be completed within nine months but was completed within two years due to the COVID-19 pandemic.   "Now it will be presented to the government. Cabinet papers are in the final stages. “If everything goes well, hopefully this month we can see the new ( happy news ). There will then be a Bill (RUU ) and it will need to be tabled in the State Assembly (DUN) before it is realized, ” he said. He said this at the MBS Chief Registrar Office in the Main Meeting Room, MBS here today.   According to Michael, he and the entire team at the MBS Chief Registrar's office have worked hard to realize this.   He said, despite no longer holding office in MBS, it was great to see the effort come true. “ Far in the corner, I'm sure the new Chief Registrar ( Jonathan Lugoh) and the MBS team will be able to make it happen. “ The stakeholders out there are also with you to see that come true," he said. He said some of the elements in the MBS system are now from the time of the Brooke. “This is an opportunity to change the system in line with the current times when the people are becoming more and more concerned. “ Since we are an independent country, we must move in the circulation rather than static, ” he said. It is understood that the Minister in the Sarawak Premier Department Datuk John Sikie Tayai will present the paper at a cabinet meeting. According to a news report on May 24 last year, the bill to repeal the Native Court Ordinance 1992 and the Native Court Rules 1993 and replace it with a new order was originally scheduled to be tabled in the state assembly last November. The transformation of the MBS and its adoption into an independent judicial system equivalent to the Shariah and Civil Courts will begin after the new Native Court Ordinance is passed in the state assembly. Meanwhile, Michael eventually retired after six years and two months as chief registrar of the Native Court in addition to marking the end of his 43 years and two months of service in the Sarawak Public Service. He was appointed chief registrar on March 1, 2017, shortly after his retirement.  He took over from his predecessor Datu Ganie Ugay. Previously, he was director of the Administrative Unit at the Office of the Chief Minister and held Resident positions in several parts of the state. Johnathan, who was previously Resident Serian, will take over as head of the new registrar.  

KUCHING, May 13 — A much anticipated Bill to amend the Native Courts Ordinance will not be tabled at next week’s sitting of the Sarawak State Assembly, Speaker Tan Sri Asfia Awang Nasar said today. He said neither he nor State Assembly Secretary Pele Peter Tinggom received any notification from the Minister in the Prime Minister’s Department Datuk John Sikie Tayai to table the Bill. He said a minister or his deputy is required to give at least a one day’s notice prior to the assembly sitting for any proposal to be presented during working hours, and cited Standing Order 44 to be read together with Standing 24(1((2) of the Sarawak State Assembly. “It also cannot be presented while the sitting is in progress,” he told reporters attending the Gabungan Parti Sarawak (GPS) supreme council meeting here. “As such, there is no Bill to amend the Native Courts Ordinance,” he said, responding to a previous statement by Deputy Minister of Youth, Sports and Entrepreneur Development Datuk Gerald Rentap Jabu. On May 9, Rentap had claimed that a Bill to amend the Native Courts Ordinance was among the new Bills to be tabled at the State Assembly which starts its sitting from May 15 to 24. Rentap had said the Speaker would make an announcement on the Bills, including the Bill to amend the Native Courts Ordinance, after the GPS supreme council meeting. In May last year, Sikie had said a Bill on a new Native Courts Ordinance was expected to be tabled at the next State Legislative Assembly later in the year. He had said the proposed new ordinance would repeal the current Native Courts Ordinance 1992 and the Native Courts Rules 1993 to pave the way for the state to transform its Native Courts. He had said the proposed transformation of the Native Courts Sarawak would commence in earnest only after the new Native Courts Ordinance has been passed. He had said efforts had been made by the Sarawak government to elevate the Native Courts Sarawak into an independent judicial system equivalent to the Shariah and Civil Courts.

KUCHING (May 17): The new Native Courts in Sarawak will be manned by legally trained and qualified magistrates and judges, said Jefferson Jamit Unyat. The Deputy Minister in the Sarawak Premier’s Department (Native Law and Customs) said the state government, in January 2020, commissioned a comprehensive study for a master plan to transform the Native Courts from being a unit under the Premier of Sarawak’s Department to a full-fledged judicial institution which is independent and autonomous like the civil and Shariah courts. He said the study was completed in February last year, and the findings and recommendations in the final report will be presented to the state Cabinet for approval and implementation. “The main recommendation by the consultant is to reconstruct the structure from the current six-tier Native Courts to a four-tier court structure comprising the Native Magistrate Court, Native High Court, Native Court of Appeal, and Native Supreme Court. “The new Native Courts will be manned by legally trained and qualified magistrates and judges, unlike the present court where the presiding officers are the headmen and community leaders at the community level and district officers and Residents of district Native Courts and Resident’s Native Courts respectively,” said Jamit. The Bukit Goram assemblyman was responding to a question from John Ilus (GPS-Bukit Semuja) during the State Legislative Assembly (DUN) sitting today. “For the restructuring and elevation of the Native Courts of Sarawak, the recommendation in the master plan is to amend the current state and federal laws to make new state laws and the focus will be amendments relevant to the Native Courts, which are under the jurisdiction and power of the State Legislative Assembly,” he added.

KUCHING: Sarawak native courts will soon have qualified magistrates and judges presiding over hearings in a revamp of its native judicial system. Deputy Minister in the Sarawak Premier's Department (Native Land and Customs) Jefferson Jamit (pic) said this was one of the recommendations of the master plan to transform native courts from a unit under the department to a fully-fledged judicial institution similar to civil and syariah courts. "Presently, presiding officers are headmen and community leaders at community-level courts, district officers at district native courts and residents at resident native courts," he told John Ilus (GPS-Bukit Semuja) during question time on Wednesday (May 17). (A resident is the head of an administrative division in Sarawak.) Jefferson said the findings and recommendations of the master plan, which was completed in February last year, would be presented to the state Cabinet soon for approval and implementation. He said its main recommendation was to restructure the current six-tier native court to four tiers comprising the Native Magistrate's Court, Native High Court, Native Court of Appeal and Native Supreme Court. To restructure and elevate the Native Court, Jefferson said the state government would enact new state laws or amend relevant existing laws. He said the Native Court's jurisdiction was to hear cases involving breaches of native laws and customs for the various bumiputra communities in Sarawak. The Native Court also hears cases of native customary rights land disputes and compensation claims under the state Land Code.

KUCHING, May 22 — A Bill to restructure the Native Court that will raise it to be on par with the civil and Shariah courts will be tabled in the Sarawak State Assembly once the transformation master plan has been approved by the state Cabinet, Minister in the Premier’s Department (Native Laws and Customs) Datuk John Sikie Tayai said today. He said the final report on the master plan had been approved by a steering committee chaired by Deputy Premier Datuk Amar Douglas Uggah in September last year. “At this juncture, we are now in the process of tabling the master plan to the state Cabinet for approval and implementation,” Sikie said in his winding speech in the Sarawak State Assembly.

KUCHING: A study to produce a master plan for restructuring and upgrading the status of the Native Court of Sarawak is currently underway. Deputy Minister in the Premier Department ( Law and Native Customs) Jefferson Jamit Unyat said the study was to be comparable to the Civil Court and the Syariah Court. “ The results of this study will be presented at the State Government Council Meeting for consideration and approval before further action can be taken,” he said in answering John Ilus's question (GPS-Bukit Semuja) at a State Legislative Assembly session today. This study aims to restructure and improve the Sarawak Native Court He said again, the jurisdiction of Native Court of Sarawak is to hear and adjudicate cases related to customary violations. “ It is based on the customary codification of customs that have been adopted and made into law by the various Bumiputera communities in Sarawak and cases related to disputes over title and compensation claims Native customary land under the Sarawak Land Code, ” he said. Native Court of Sarawak is a unit in the Sarawak Premier Department established under the 1992 Native Court Ordinance. The Native Court of Sarawak is also part of the State Government administrative unit under the Sarawak Premier Department. In addition to the Native Court of Sarawak, there are also Civil Courts under the Federal Department of Justice and the Syariah Court under the Sarawak Shariah Justice Department. Each court has its own structure, jurisdiction and powers.

KUCHING, Nov 28 ― Two new Bills would be tabled at the next State Legislative Assembly (DUN) sitting, in May next year, to establish the Institute of Adat Sarawak and to elevate the Native Courts of Sarawak, said Datuk Seri John Sikie Tayai. In this regard, the Minister in Sarawak Premier’s Department said the Bill to establish Institute of Adat Sarawak would be tabled under the amendment to the Majlis Adat Istiadat Sarawak (Mais) Ordinance 1977. “Since its establishment 46 years ago, the Majlis Adat Istiadat Sarawak has no proper agency such as a department or an institution to support it. In view of these challenges, the ‘Majlis’ (Council) plans to establish a supporting agency to assist in discharging its duties and functions. “This proposal would be implemented through the amendment to the Majlis Adat Istiadat Sarawak Ordinance 1977. Barring any untoward event, the Bill may be tabled next year,” he said in his ministerial winding-up speech in DUN yesterday. On the transformation of the Native Courts, he said its master plan had been duly considered and approved by the Sarawak Cabinet for implementation. “Based on the recommendations in the master plan, the current Native Courts will be restructured and elevated from being just a unit under the Premier’s Department to be a full-fledged judiciary, which is independent and autonomous. “The other major change would involve the hierarchy and organisational structure of the current native court system. In terms of court hierarchy, the recommendation is to restructure our current six-layer court to a four-layer structure comprising the Native Magistrates Court and the Native High Court. The Native High Court would comprise three layers; namely the Native High Court, Native Court of Appeal and Native Supreme Court,” he said. He said for these changes to take effect, the recommendation in the master plan would be for the government to repeal the current Native Courts Ordinance 1992 and Native Courts Rules 1993, and to enact a new Native Courts Ordinance and new Native Courts Rules. “The functions, powers and jurisdiction of the new Native Courts will be spelled out in the new Native Courts Bill which will be tabled at this Dewan. At this juncture, our target is to table the New Native Court Bill during the next sitting of this august House,” he said. On another matter, he said Mais had conducted a round-table discussion with the Catholic Church and the Anglican Church to resolve the issue involving ‘Adat Deya Tarih Pasid’ practised by most Bidayuh communities. He said there were issues faced by some Bidayuh communities with regard to the rights of burial of the dead in the village or church cemetery, since most of the cemeteries in the Bidayuh communities are administered by the ‘kampung’ (village) church committee. Based on the old ‘adat’ (customs) practised by most Bidayuh groups, every Bidayuh has the right to be buried in the cemetery of his or her ancestral ‘kampung’, according to ‘Adat Deya Tarih Pasid’. “The place where his or her ancestors’ umbilical cords were buried is regarded as the ancestral ‘kampung’ of every Bidayuh. However, now, the authority to decide the right of burial is in the hands of ‘kampung’ church committee, which overrides the authority of the Ketua Kampung and ‘Adat Deya Tarih Pasid’. “According to the current practice, only members of the church are entitled to be buried in the kampung or church cemetery. Otherwise, they are not entitled to be buried in the ‘kampung’ or church cemetery. “As such, Adat Deya Tarih Pasid is no longer relevant for the regulation of burial of the dead. This has caused a lot of burial problems and anxiety in some Bidayuh communities, bearing in mind the period for managing and arranging the burial of the dead is very short,” he said. Sikie also said the ‘Adat Deya Tarih Pasid’ was quite similar to ‘Adat Temuni’ (Umbilical Cord Custom) in some other native communities, which states that a person has the right to be buried in the land where his/her ‘temuni’ (umbilical cord) was buried, i.e. place of birth. On the discussion to resuscitate Adat Deya Tarih Pasid, he said the Archbishop of the Catholic Church stated in principle that if the land in which the cemetery was situated was registered in the name of the Archbishop, then only members of the Catholic Church could be buried in that cemetery. If the land was not registered under the Archbishop’s name, he said it was discussed that the rights to be buried in the cemetery would be decided by the village security and development committee (JKKK) and the ‘kampung’ church committee. “With regard to the Anglican Church, the Church’s representative stated the issues could have arisen due to certain approach or stand taken by the JKKK and ‘kampung’ church Committee. The Anglican Church seemed to prefer that JKKK and the church committee would decide on the rights of burial in the kampung cemetery,” he said. Sikie added as there had been no clear or definite decision made and endorsed in writing by the parties involved following the discussion, this issue was still far from settled and more follow-up discussions would be arranged. ― Borneo Post  

By Samuel Aubrey on November 28, 2023, Tuesday at 7:00 AM KUCHING (Nov 28): Two new Bills would be tabled at the next State Legislative Assembly (DUN) sitting, in May next year, to establish the Institute of Adat Sarawak and to elevate the Native Courts of Sarawak, said Dato Sri John Sikie Tayai. In this regard, the Minister in Sarawak Premier’s Department said the Bill to establish Institute of Adat Sarawak would be tabled under the amendment to the Majlis Adat Istiadat Sarawak (Mais) Ordinance 1977. “Since its establishment 46 years ago, the Majlis Adat Istiadat Sarawak has no proper agency such as a department or an institution to support it. In view of these challenges, the ‘Majlis’ (Council) plans to establish a supporting agency to assist in discharging its duties and functions. “This proposal would be implemented through the amendment to the Majlis Adat Istiadat Sarawak Ordinance 1977. Barring any untoward event, the Bill may be tabled next year,” he said in his ministerial winding-up speech in DUN yesterday. On the transformation of the Native Courts, he said its master plan had been duly considered and approved by the Sarawak Cabinet for implementation. “Based on the recommendations in the master plan, the current Native Courts will be restructured and elevated from being just a unit under the Premier’s Department to be a full-fledged judiciary, which is independent and autonomous. “The other major change would involve the hierarchy and organisational structure of the current native court system. In terms of court hierarchy, the recommendation is to restructure our current six-layer court to a four-layer structure comprising the Native Magistrates Court and the Native High Court. The Native High Court would comprise three layers; namely the Native High Court, Native Court of Appeal and Native Supreme Court,” he said. He said for these changes to take effect, the recommendation in the master plan would be for the government to repeal the current Native Courts Ordinance 1992 and Native Courts Rules 1993, and to enact a new Native Courts Ordinance and new Native Courts Rules. “The functions, powers and jurisdiction of the new Native Courts will be spelled out in the new Native Courts Bill which will be tabled at this Dewan. At this juncture, our target is to table the New Native Court Bill during the next sitting of this august House,” he said. On another matter, he said Mais had conducted a round-table discussion with the Catholic Church and the Anglican Church to resolve the issue involving ‘Adat Deya Tarih Pasid’ practised by most Bidayuh communities. He said there were issues faced by some Bidayuh communities with regard to the rights of burial of the dead in the village or church cemetery, since most of the cemeteries in the Bidayuh communities are administered by the ‘kampung’ (village) church committee. Based on the old ‘adat’ (customs) practised by most Bidayuh groups, every Bidayuh has the right to be buried in the cemetery of his or her ancestral ‘kampung’, according to ‘Adat Deya Tarih Pasid’. “The place where his or her ancestors’ umbilical cords were buried is regarded as the ancestral ‘kampung’ of every Bidayuh. However, now, the authority to decide the right of burial is in the hands of ‘kampung’ church committee, which overrides the authority of the Ketua Kampung and ‘Adat Deya Tarih Pasid’. “According to the current practice, only members of the church are entitled to be buried in the kampung or church cemetery. Otherwise, they are not entitled to be buried in the ‘kampung’ or church cemetery. “As such, Adat Deya Tarih Pasid is no longer relevant for the regulation of burial of the dead. This has caused a lot of burial problems and anxiety in some Bidayuh communities, bearing in mind the period for managing and arranging the burial of the dead is very short,” he said. Sikie also said the ‘Adat Deya Tarih Pasid’ was quite similar to ‘Adat Temuni’ (Umbilical Cord Custom) in some other native communities, which states that a person has the right to be buried in the land where his/her ‘temuni’ (umbilical cord) was buried, i.e. place of birth. On the discussion to resuscitate Adat Deya Tarih Pasid, he said the Archbishop of the Catholic Church stated in principle that if the land in which the cemetery was situated was registered in the name of the Archbishop, then only members of the Catholic Church could be buried in that cemetery. If the land was not registered under the Archbishop’s name, he said it was discussed that the rights to be buried in the cemetery would be decided by the village security and development committee (JKKK) and the ‘kampung’ church committee. “With regard to the Anglican Church, the Church’s representative stated the issues could have arisen due to certain approach or stand taken by the JKKK and ‘kampung’ church Committee. The Anglican Church seemed to prefer that JKKK and the church committee would decide on the rights of burial in the kampung cemetery,” he said. Sikie added as there had been no clear or definite decision made and endorsed in writing by the parties involved following the discussion, this issue was still far from settled and more follow-up discussions would be arranged.  

KUCHING (May 13): The actual restructuring of the Native Courts in terms of its organisational structure, manpower requirement, operation and management can only commence in earnest once the new Bills are approved by the State Cabinet and eventually passed by the Sarawak Legislative Assembly, said Dato Sri John Sikie Tayai. The Minister in the Sarawak Premier’s Department said in line with the recommendation in the Transformation Master Plan of the Native Courts, the new laws which are necessary include New Native Courts Bill to replace the current Native Courts Ordinance 1992 and New Native Courts Rules to replace the current Native Courts Rules 1993. The other two new laws needed, according to him, are the New Native Courts Judges Appointment Council and Native Courts Judges Remuneration Bill on the appointment and scheme of service for Native Court Judges; and Amendment to the Majlis Adat Istiadat Sarawak on the definition of adat. He revealed the Native Courts of Sarawak will soon present a proposal to the State Cabinet to seek approval for the introduction of these several new state laws and the repeal or amendment to existing laws under the jurisdiction of Sarawak to provide the legal framework for the restructuring exercise. He explained the proposed enactment of new state laws or amendment to existing laws is pre-requisite to the restructuring and eventually the elevation of the Native Courts status as an independent full-fledged judicial institution. “In the meantime, the Native Courts Sarawak will continue to operate as it is today,” he said in his ministerial winding-up speech. He also said the restructuring and elevation of the Native Courts of Sarawak is most appropriate and timely to ensure that the Native Courts remain relevant and ready to meet the high and demanding expectation of the stakeholders, the people and the Sarawak government. “In the context of the Post Covid-19 Development Strategy (PCDS) 2030 it is most fitting that the state has a plan to upgrade, elevate and complete the transformation of the Native Courts in phases by the year 2030,” he added. He also revealed that in July last year, the State Cabinet had accordingly considered and duly approved the key recommendations in the Transformation Master Plan and this includes the organisational restructuring of the Native Courts and the elevation of its status as a unit under the Premier’s Department. He pointed out the restructuring is aimed at elevating the Native Courts to become an independent and autonomous full-fledged judicial institution similar to the Civil and Syariah Courts. “The restructured Native Courts will have jurisdictions over matters relating to native laws and customs. “For the information of this august House, the proposed restructuring and elevation of the status of the Native Courts which will ultimately result in the transformation of the Native Courts would be carried out in phases up to 2030. “The transformation will result in changes to the hierarchy of the Native Courts as well as organisational development in terms of operations and manpower requirements,” he said. He also mentioned that under the proposed restructuring of the Native Courts, the hierarchy of Native Courts will comprise two layers, namely the Native Subordinate Court and Native High Court. “Under the Native Subordinate Court there will be the Native Magistrate Court as a court of first instance, while the Native High Court will involve three layers, namely the Native High Court, the Native Court of Appeal and the Native Supreme Court as the apex court. This means to say that there will be a new and higher court structure as the apex court under the proposed restructuring exercise. “Currently the highest level in the Native Court hierarchy is the Native Court of Appeal which is constituted by the President of the Native Courts of Appeal and two members including the Ketua Majlis Adat Istiadat Sarawak.” Regarding the performance of the Native Courts in settling cases, Sikie said as of April 30 this year, 12,148 cases or 66 per cent of the total 18,466 registered cases had been settled, with 6,318 or 34 per cent still outstanding. He said the settlement of most of the cases at the Resident’s and District Native Courts is mainly undertaken by the Circuit Contract Magistrates under the Office of the Chief Registrar.