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.