Native Court will not overlap with Civil or Syariah Courts

Datuk Seri Wan Junaidi Tuanku Jaafar

By Lian Cheng

KUCHING, Sept 6: Santubong MP Datuk Seri Dr Wan Junaidi Tuanku Jaafar says the revamped native court will not be overlapped with the Civil Court or the Syariah Court.

“As far as I know, it will not conflict with the jurisdiction of Civil Court and Syariah Court.”

“The process will expedite the court decision for the rakyat which might not be possible under the present existing judiciary systems,” Wan Junaidi told DayakDaily.

Wan Junaidi, who is a lawyer by training said Sarawak government is in the process of upgrading the Native Court to be on par with the Civil Court on specific matters affecting the rights, customs and land matters of the native of Sarawak which are not governed by the State legislation and Syariah law.


He said the present native court system has been inadequate to cope with native matters, and a revamp or upgrade must be implemented.

“The present native court system has got to be revamped, upgraded and restructured. It is inadequate to meet the needs of the native.

“For example, the customary land matters, has got to go through several court processes and justice may be delayed and sometimes denied,” said Wan Junaidi.

He said this has led Sarawak government under the leadership of Chief Minister Datuk Patinggi Abang Johari Tun Openg to restructure and upgrade the Sarawak native court.

“If these upgrades and restructuring are completed, then the legal process under this jurisdiction will be smoother and orderly.”

“These restructures will include the enactment of new laws, the appointment of judges and magistrates, and law officers at all levels.”

Wan Junaidi is a member of the steering committee to look into the restructuring and upgrading of the native Court Sarawak. The committee is chaired by Deputy Chief Minister  Datuk Amar Douglas Uggah Embas.

Wan Junaidi said this in response to Abang Johari’s earlier statement today in Miri where the latter said Sarawak is open to learning and emulating the native court system of New Zealand, as it looks to raise the level of Sarawak Native Court to be on par with the Syariah and Civil Court.

Abang Johari said Sarawak must have a strong Native Court system that would not only deals with the Native Customary Rights (NCR) land matters but also Sarawak native issues— DayakDaily