New Sarawak native courts system to resemble civil courts, says state minister

KUCHING, Oct 24 — The native courts system will be similar in structure to the civil courts once a new Native Courts Ordinance has been passed in the Sarawak assembly, Minister in the Premier’s Department Datuk John Sikie Tayai said today.

He said the Headmen’s Court, Chief’s Court, Chief’s Superior Court, District Native Court, Resident Native Court and Native Appeal Court will be abolished and replaced with those similar to the subordinate and superior courts.

“We aim to elevate the status of the native court to be on par with the civil and shariah courts,” Sikie told reporters after opening a workshop on the handling of native court cases for community leaders in Kuching, Samarahan and Serian divisions here.

He said the elevation is in line with the recommendations by a consultant firm engaged by the state government to transform and study the structural organisation and system of the native court.

He said he will table a paper on the recommendations to the Sarawak Cabinet for a further study and evaluation as soon as possible.

He said he expects to table the new Native Courts Ordinance in the May 2023 sitting of the state assembly that will repeal and replace the current Native Court Ordinance 1992 and the Native Court Rules 1993.

He said the transformation of the Native Courts would commence after the new Native Courts Ordinance has been passed in the state assembly.

“With the transformation, we will train all the officers involved in handling the native court cases so that they will be more competent and have more experiences,” he said.

Sikie said backlog of cases in the native court is not a serious problem, adding that as of October 15 this year, there are over 6,000 cases which are still pending.

He said the Registrar of the Native Court is in the process of recruiting qualified and competent officers to handle the cases.

“Among the reasons for the backlogs is that these cases are heard by the district officers presiding at the District Native Court.

“These district officers have other official duties to handle and so they do not have much time to hear the cases in the native court.

“Moreover, many are not competent in the native adat, not like before where native court cases were heard by the Sarawak native officers,” he said, adding that these officers were appointed after they had passed their examinations on the native adat.

He said the post has now been abolished.