FAQ - Frequently Asked Question

1. How to commence proceedings in Native Courts
  • Civil claim shall be commenced by filing and presenting Form A to the Registry Office of the appropriate Native Courts (Rules 3(2) Native Court Rules 1993)
 
  • Breach of native law or custom shall be commenced by making a complaint and completing Form H and delivering the same to the nearest Registry Office of the Native Court having jurisdiction over the complaint. (Rule 14 Native Court Rules 1993)
 
  • An application by a non-native to be identified with a particular native community shall be made in Form K (3) and the documents required therein shall be submitted in quadruplicate to the appropriate Registrar of the Native Court. (Rule 17A Native Court Rules 1993)
2. Who is the customer of Native Courts of Sarawak?
  • Sarawak Bumiputera as stated in the Interpretation Ordinance, 2005
 
  • Offsprings of marriages between Bumiputera and Non-Bumiputera
 
  • Lawyers who hold a practicing license in Sarawak
 
  • Researchers, educators, students, and Non-Governmental Organizations
3. Native Courts of Sarawak's source of legal authority
  • Native Courts Ordinance, 1992, and Native Courts Rules, 1993
 
  • Federal Constitution (Ninth Schedule - List IIA & IIIA)
 
  • Native Customary Laws
4. Area of Jurisidiction
  • Throughout Sarawak (12 Divisions, 45 Districts, and 23 Sub-Districts)
 
  • Registrars are appointed at each District and Sub-District Offices
5. PROCEDURES ON APPLICATION BY A NON-NATIVE TO BE IDENTIFIED WITH A PARTICULAR NATIVE COMMUNITY (Rule 17A, Native Courts Rules, 1993)
6. Proceeding Process: Civil Case
7. Proceeding Process: Breach of Native Law or Custom Cases
8. Proceeding Process: Appeal Case


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Last Updated On 09 May 2024

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