KUCHING: The Court of Appeal has allowed an appeal in a landmark decision, stating that the High Court has jurisdiction over the Native Court in the context of applications for judicial review.
In the first-ever case of its kind in the state, Court of Appeal judges – Datuk Mohd Hishamudin Mohd Yunus as the chair, with Datuk David Wong Dak Wah and Datuk Umi Kalthum Abdul Majid – unanimously decided yesterday that the Civil Court had the power to review the decisions made by the Native Court.
This case, which was first heard in the Chief’s Native Court in 2002, would be remitted back to the High Court judge for a hearing on the leave application on its merit, on the footing that the High Court had jurisdiction of judicial review over the Native Court.
The case is to be mentioned in the High Court this April 30. The Native Court deals primarily with disputes of the natives in Sarawak pertaining to matters of the ‘adat’ (customs) practised by them. Such disputes may also involve native customary land where there is no grant of title from the state government. The Native Court hears disputes with the attendance of assessors comprised of Tuai Rumah, Pemanca, Temenggung and Penghulu.
The Native Court of Appeal, on the other hand, is headed by a president appointed by the Yang Di-Pertua Negeri, and assisted by two assessors. Simon Siah Sy Jen and Chua Kuan Ching of Messrs Baru Bian Advocates and Solicitors represented the appellant Lynawati Abdullah, whereas State Legal Officer Nur Azhar Bujang represented respondents Abang Sukori Abang Gobil and the Native Court of Appeal.