Courts in Malaysia
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The Native Court administers the Native Courts System and enforces Native Customs (Adat). The Native Courts Rules, 1993, provide standard guidelines as the mode of instituting proceedings and the manner in which cases should be handled. Sarawaks Native Court, A Chief Registrar, the chief administrator of the Native Court, supervises all Registrars, who are the District Officers and Sarawak Administrative Officers in charge of sub-districts. To date, 58 Registrars have been appointed to receive claims, complaints, appeals, applications, payments of fees, fines, and to keep all court records of cases within their respective areas and submit the returns for proceedings. The Chief Registrar, Registrars and all the subordinate Court Officers are obliged to follow the special directions of the State Secretary.
Native Courts in Sarawak and Sabah are recognized as part of Malaysian legal system especially in Sarawak and Sabah. Only the non-Muslim are binding to the Native Court. Muslims are subjected under Syariah Court. In Sarawak, Native Courts are established under the Native Courts Ordinance 1992 which governs the constitution and structure of the Native Courts.
The roles of the Native Court in Sarawak are: 1) Administration of the Registries; 2) Conducting courses and seminars for all Court Officials, Magistrates, Presiding Officers, Chiefs, Headman and all key officials who administer the Courts; 3) Speed disposal of cases – civil and breaches of customs; 4) Giving advice and consultation to persons who have to avail themselves in the Native Courts, as an avenue to resolve disputes, as well as to persons whose duty is to adjudicate disputes; 5) Compilation of returns of court proceedings; 6) To liaise with the State Attorney General on the interpretation of the Native Court Ordinance, 1992, and the Native Court Rules, 1993; 6) To liaise with the Majlis Adat Istiadat Sarawak on the Interpretation of the Native Customary Laws; 7) Translation of the Native Court Ordinance, 1992, and Natives Court Rules, 1993; 8) Enforcement of all Court orders and judgments.
In Ongkong Anak Salleh v David Panggau Sandin & Anor [1983] 1 MLJ 419, the high court declined to exercise its jurisdiction on the round that the District Native Court is not a court subordinate to the High Court. Seah J at 422 said:
“The Native Courts are purely a creature of statute, viz the Native Courts Ordinance (Cap 43); their jurisdiction is clearly defined by the legislature and the powers of the court are strictly limited. In short, the Native Courts including the District Native Court are statutory courts established not by federal law but by Sarawak. There is no right of appeal from a decision of the District Native Court to the High Court”
Sarawak Native Courts have jurisdiction to administer and enforce matters involving native law and customs.
The diagram below sets out the hierarchy of Native Courts in Sarawak.
Native Court of Appeal
Residents Native Court
District Native Court
Chiefs Superior Court
Chiefs Court
Headmans Court
The Headmans Court consists of a Headman and two assessors. It may hear all matters stipulated under section 5 other than land disputers where no title has been issued. It may impose a fine not exceeding RM 300. The Chiefs