Elevation will make Native Court full-fledged institution

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Datuk John Sikie Tayai

BY NEVILLE TIMOTHY SANDERS and NOOR SYAHHIRA HADY

KUCHING: Native Courts will be restructured and elevated from being just a unit under the Premier’s Department to be a full-fledged judicial institution which is independent.

Minister in the Premier’s Department Datuk John Sikie Tayai said changes would also involve the hierarchy and organisational structure of the current native court system.

“For these changes to take effect, the recommendation in the Master Plan is for the government to repeal the current Native Courts Ordinance 1992 and to enact a new Native Courts Bill,” he said.

He added that under the current Native Courts structure, the functions and operations of the courts are to be performed by the Residents and District Officers in their capacity as ex-officio Magistrates.

“Currently, the overall number of Magistrates and Presiding Officers serving the Native Courts in Sarawak is 7,119.”

He said this in his winding-up speech at the State Legislative Assembly (DUN) sitting on Tuesday (Nov 29).

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Sikie pointed out that the ultimate objective is to transform the current Native Courts into an independent judicial system like the Syariah and Civil Courts and towards this end, the government had commissioned a study in 2020 to produce a Master Plan for the transformation.

“I am pleased to inform this august House that the study which had been conducted by a local team of consultants was completed in February this year after a delay of 14 months largely due to the Covid-19 pandemic and other factors beyond our control,” he added.

Sikie said the study final report, containing the Master Plan for the Transformation of the Native Courts Sarawak has been approved by the Study Steering Committee chaired by Deputy Premier, Datuk Amar Douglas Uggah Embas.

“The approval of the Study Final Report in September this year would now pave the way for follow-up actions by the Chief Registrar of the Native Courts mainly to submit the Master Plan to the State Government for approval.

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“This process of compiling papers for submission to the Majlis Mesyuarat Kerajaan Negeri is in the final stage,” he said.

He added that the Master Plan is expected to be tabled in the assembly.

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