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.

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.

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: 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, 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: 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.