Outstanding Native Court cases worry government

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Native Courts of Sarawak Chief Registrar Jonathan Lugoh (right) presents a memento to Jamit at the seminar.

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SIBU: A total of 35 per cent of the cases categorised as ‘still outstanding’ at various levels of the Native Courts are a cause for concern for the Office of the Chief Registrar and the Sarawak government.

Deputy Minister in the Sarawak Premier’s Department (Native Law and Customs) Jefferson Jamit Unyat revealed the cases included those handled by the Headman Court, Chief Court and Chief Superior Court.

The cases are directly under the supervision and management of the District Officers (DOs) who are also the Native Court Registrars.

“As I understand it, the role of each one of you present here this morning is relevant andhighly appreciated to ensure that cases brought before the Native Courts are settled promptly and without unnecessary delays.

“The performance of all of you together with the other DOs and Residents throughout the state in adjudicating and resolving any outstanding cases contribute to the overall performance of our Native Courts,” he said at the two-day (July 6-7) Management of Cases for Native Court of Sarawak seminar for central zone here today.

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For the remaining 65 per cent of the cases, Jamit said that the cases had been settled, mostly by contract magistrates recruited by the government since 2014 to settle cases filed up to December 31, 2013.

“The understanding was that the cases after 2014 onwards are to be dealt with ex-officio magistrates.

“I am glad to note from reports by the Chief Registrar that the performance of the Native Court as a unit has been commendable,” he said.

By referencing a few long-outstanding NCR land dispute cases involving millions of ringgit in land compensation, Jamit said that many of the cases have been successfully settled by the contract magistrates, particularly last year and this year.

“Some of the cases had been outstanding and remained unsettled before the District Native Courts for several years and unless the cases are heard and decided by the District Native Courts, the compensation due to the landowners could not be paid out of the Native Courts Trust Account.

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“This means that the compensation is kept by the government without any interest for as long as the Native Courts have not decided on the matter,” he said.

Based on the records, Jamit said that 27 cases involving RM5,257,169.50 in land compensation were settled in 2022 and another 24 cases involving RM4,597,236  in compensation were settled by the contract magistrates from January to June this year.

“To me, these are significant developments and ‘success stories’ by the Native Courts and we look forward to more success stories within the next few months,” he said.

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