Malakun (third left) presenting a souvenir to Borhan, witnessed by other MAJAPS Central Committee members, from left, Datuk Stephen Sondoh, committee members Lawrence who is also MAJAPS deputy president, Kelvin Lim, Tan Sri Andrew Liew Sui Fatt, Datuk Dr Claudius Roman and Katherine.
KOTA KINABALU: The Council of the Justices of the Peace Sabah (MAJAPS) has appealed to all Federal Government departments operating in Sabah to recognise the attestations, certifications and signatures of Justices of the Peace (JPs) in Sabah, especially Road Transport, the National Registration, Education and Police Departments.
Its president, Datuk Seri Panglima Dr Clarence Bongkos Malakun, made the request when he led a delegation from MAJAPS to pay a courtesy call on Federal Secretary Datuk Borhan Dollah at his office at the Mini Putrajaya or Sabah Federal Government Administration Complex.
The MAJAPS delegation explained that JPs in Sabah are appointed by the Head of State under Section 98 of the Subordinate Courts Act 1948 and their powers as JPs are provided under Section 99 of the same Act, which states that JPs are authorised and required to administer oaths and affirmations, to make and receive Statutory Declarations and to attest/witness signatures under any written law or when required to do so, similar to powers given to Second Class Magistrates.
In addition to those powers above, the most common duties of the JPs are to attest or witness the signatures of persons to documents such as wills, memorandum of transfers of lands and properties, company share transfer forms, government official forms or documents, etc.
In addition, MAJAPS also brought up to the attention of Borhan that of late, some Federal Departments have removed the position of JPs as being qualified or able to attest or certify official documents.
One of the most glaring examples is the removal of JPs from attestation of official nomination forms of party candidates in the state or national general elections.
In the past, JPs were recognized and qualified to sign nomination forms of candidates standing in the state and national general elections.
During the courtesy call, Malakun also briefed the Federal Secretary of the roles and duties of JPs in Sabah.
He told Borhan that since the inception, there are now more than 500 appointed JPs, of which around 300 are still active and performing their duties throughout Sabah.
As an association, MAJAPS was first initiated in 1989 by the former State Attorney General, Datuk Nicholas Fung, and the Sabah JP Council was approved for registration by the Registrar of Societies in 1991.
The aims and objectives of MAJAPS, among others, are to assist the members in the performance of their duties, to serve as a liaison body between MAJAPS and the government, similar associations of the Justices of the Peace in other states of Malaysia and members of the public, to aid and promote charitable, social and welfare work.
Over the years, MAJAPS had organised several seminars in collaboration with the Sabah Law Association (SLA) and also participated in various activities organised by the judiciary, such as the Mobile Court outing to various districts led by the Chief Justice of Sabah and Sarawak, Tan Sri Richard Malanjum.
In the year 2000, MAJAPS was recognised as an Associate Member of The Commonwealth Magistrates’ and Judges Association (CMJA) whose royal patron is Queen Elizabeth II, as head of the Commonwealth of Nations. CMJA was founded in 1970.
The aims and objectives of CMJA are to advance the administration of the law by promoting the independence of the judiciary, to advance education in the law, the administration of justice, the treatment of offenders and the prevention of crime within the Commonwealth, to disseminate information and literature on all matters of interest concerning the legal process within the various countries comprising the Commonwealth.
The first four members from MAJAPS who become associate members of CMJA during the CMJA Conference in Edinburg, Scotland, in the year 2000 were Malakun, Datuk Dr Lawrence S. H. Thien, Datuk T. Balanggung and Puan Katherine Lee Oi Mei.
Borhan promised to look into the points and issues raised by MAJAPS.