1- SARAWAK NATIVE COURT IS PURELY POLITICAL TOOL USED BY TAIB’S RULING BN IN SARAWAK

Old Kuching Courthouse Image

Introduction

State : Sarawak

Slogan:1Sarawak, Family & Ethnic First, Cronies Now!

Tools : Native Courts, Majlis Adat Istiadat, Landas, etc. 


Native Courts in Sarawak and Sabah are recognized as part of Malaysian legal system especially in Sarawak and Sabah. Not many Sarakians and Sabahan are aware of this although Native Courts could directly affect their interest in certain issues. Only the non-muslim are binding to the Native Court as their muslim cousins are subjected under Syariah Court. Nevertheless, when NCR land issue and dispute involve between two muslim and non-muslim, the muslim are subjected under the Native Court’s ruling.  

I’m not a lawyer, but have clear and better understanding on how the Native Courts in Sarawak is operating. Everybody should think and ask themselves why do we need courts? For what purpose is Native Court’s existence? Is it means to look and take care of certain preferred groups or for everybody regardless of their backgrounds?

Sarawak Native Courts are governed by :

• The Native Courts Ordinance 1992 and
• The Native Courts Rules 1992

 We need to understand the following customary laws :

• Adat Iban
• Adat Bidayuh
• Adat Kayan-Kenyah
• Adat Lun-Bawang and etc.

Do we know and understand the power and jurisdiction of the Native Courts ? What power and role does the Land and Survey Department plays in the sphere of Native Courts' jurisdiction ?

Do we understand what it means by Headman’s Court, Chief’s Court, Chief’s Superior Court, Native Court, etc ?

We need to understand how judges are being appointed and who are the judges ? Are they really genuine and qualified judges ? All these will be discussed in the next issue of the post. Don’t forget to follow up ! It’s your right to know and understand your right provided under the Native Courts Ordinance and the Native Customary Laws.