MIRI, March 20: The Office of the Chief Registrar and the Sarawak government are concerned over the 35.3 per cent of cases, or 5,950 cases, which are categorised as “still outstanding” at the various levels of the Native Courts, says Deputy Minister in the Premier’s Department (Labour, Immigration and Project Monitoring) Datuk Gerawat Gala.
There are a total of 16,877 cases registered, with 10,927 or 64.7 per cent settled while the rest are still outstanding.
Gerawat added, this includes cases under the Headman, Chief and Chief Superior Courts which are directly under the supervision and management of the District Officers who are also the Court Registrars.
“The continuing efforts by the Office of the Chief Registrar together with the Resident and District Offices over the last three years to settle the outstanding cases or at least to reduce the number is commendable,” he disclosed today in Miri at the launching of a two-day seminar on management of cases in the Native Court of Sarawak.
The seminar themed “Re-invigorating the Native Courts of Sarawak” is being attended by 34 District Officers from the Northern Region covering Miri, Bintulu and Limbang.
“However, I am glad to note from the opening remarks by the Chief Registrar that the performance of the Native Court as a unit had been commendable. Over 65 per cent of the cases had been settled already and mostly by the Contract Magistrates recruited by the government since 2014 to settle cases filed up to 31 December 2023,” Gerawat pointed out.
He said the understanding was that the cases after 2014 onwards are to be dealt with by Ex-Officio Magistrates.
“One of the perennial problems faced by litigants in the Native Court is the long delay in getting cases heard by the court. There are several factors causing these delays, including the changing roles of the State Administrative Officers (SAOs), District Officers (DOs) and Residents who are focusing more and more on their administrative and developmental roles and their judicial role become a secondary role.
“Secondly, many of them have not been adequately trained in their judicial roles and the administration of the ‘Adat’ law unlike in the earlier batch of SAOs, DOs and Residents who were required to pass law exams on the Native Court, Native ‘Adat’ laws and Criminal Procedure Code before they can be confirmed in their position,” Gerawat said.
Therefore, he added, 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 law of 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 shows the beginning of 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 disclosed.
Also present was Chief Registrar of the Native Courts of Sarawak Datu Michael Dawi Alli. — DayakDaily
