Unsettled native court cases worrying

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MIRI: More than a third or 5,950 cases registered with the Native Courts are categorised as ‘still pending’, said Datuk Gerawat Gala.

The Deputy Minister in the Premier’s Department (Immigration, Labour and Project Monitoring) said the government is concerned with the high number of unsettled cases.

He said there were 16,877 cases registered with the courts, of which 10,927 or 64.7 per cent had been settled while the rest were still pending.

“The Office of the Chief Registrar together with the Resident and District Offices have taken extra efforts over the last three years to settle the outstanding cases,” he said at the launch of a two-day seminar on management of Native Court cases in Miri today.

The seminar’s themed -“Re-invigorating the Native Court in Sarawak” is being attended by 34 District Officers in the Northern Region covering Miri, Bintulu and Limbang.

Gerawat noted that one of the perennial problems faced by litigants in the Native Court was the long delay in getting cases heard and resolved.

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“There are several factors causing these delays, including the changing roles of the Administrative Officers (SAO’s), District Officers (DO’s) and Residents who are focusing more and more on their administrative and developmental roles. Hence their judicial role becomes secondary.

“Secondly, many of them have not been adequately trained in their judicial roles and the administration of the native adat. DO’s and Residents are required to pass exams on the Native Court, Native Adat laws and Criminal Procedure Code before they can be confirmed in their position,” he said.Ger

awat added that in order for the Native Court to remain relevant and have the trust and confidence of the rakyat as an institution to dispense justice and uphold the Adat law, those mandated under the Native Court Ordinance must discharge their judicial duties expeditiously and judiciously without fear or favour.

“You have to conduct yourself and function like the civil courts and Shariah court. The appointment of legally qualified and full time Native Court judges and strengthening of the Divisional and District Native Court registries reflect the transformation of the Native Courts from being just part of the State Administration under the Premier’s Department into a full fledged and independent judicial organisation as set out in the proposal which is pending the approval of our State Cabinet,” he said.

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Also present was Native Courts chief registrar Datuk Michael Dawi Alli.

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