Malaysia legislation
Section 13
Section 13
⎯(1) An appeal shall lie⎯
(a)
from the Headman’s Court to the Chief’s Court;
(b)
from the Chief’s Court to the Chief’s Superior Court:
Provided that the decision of the Chief’s Superior Court in respect of all matters under section 5 (except land disputes under section 5(3)) shall be final and conclusive and shall not be a subject of appeal to the District Native Court or Resident’s Native
Court or Native Court of Appeal;
(c)
subject to subsection (2), from the Chief’s Superior
Court to the District Native Court;
(d)
from the District Native Court to the Resident’s Native
Court which shall be constituted by a person for the time being holding or acting in the office of Resident of a Division sitting with not less than two but not more than four assessors who shall be persons whom the Resident has reason to believe are versed in the customary law relevant to the determination of the appeal:
Provided that for the purpose of the speedy despatch of the business of the Resident’s Native Court, the Yang di-Pertua
Negeri may appoint any person who has held office as Resident in the State, or such person as he may deem fit or proper to preside in the Resident’s Native Court; and the person so appointed may exercise all or any of the powers conferred on a
Resident by this Ordinance;
(e)
from the Resident’s Native Court, by way of petition for revision to the Native Court of Appeal constituted by subsection (3).
(2)
No appeal shall lie to the District Native Court from the decision of any lower court in any cause or matter where the judgment or order relates to any case referred to in section 5(1) and (2).
[Sub. Cap. A87.]
(3)
There shall be a Native Court of Appeal which shall consist of—
(i)
a President, who shall be appointed by the Yang di-Pertua Negeri;
(ii)
the President of the Majlis Islam or the Ketua Majlis of
Majlis Adat Istiadat Sarawak;
(iii)
any person who is or has been appointed a
Temenggong and nominated by the President in consultation with the Chief Registrar, to sit in connection with the hearing of any particular appeal:
Ord. No. 9/92
Provided that where any of the persons specified in subparagraph
(ii)
is not able to sit as a member of the Native Court of Appeal in any particular case, the President shall, after consultation with the Chief
Registrar, nominate a Temenggong to replace him.
(b)
No person shall be appointed to preside over a Native
Court of Appeal unless he is holding or has held the office of a Judge of the High Court or is qualified under the Federal Constitution to be appointed as a Judge of the High Court.
(c)
The President of the Native Court of Appeal may be appointed for such period as may be stipulated in the instrument of appointment and may be paid such remuneration and allowance as may be determined by the Yang di-Pertua Negeri, provided that no person shall be so appointed for a period exceeding three years but he is eligible for re-appointment.
(d)
Proceedings before a Native Court of Appeal may be regulated by rules made by the Yang di-Pertua Negeri under section 29.
(e)
The Native Court of Appeal shall have jurisdiction to hear and determine all appeal cases which are still pending before such
Court, including those cases filed after the 1st day of June, 1993.
[Sub. Cap. A118.]
(4)
Any person appointed to preside in a Resident’s Native
Court under the proviso to subsection (1)(d) or in a Native Court of
Appeal under paragraph (a) of the proviso to subsection (3) shall be paid such remuneration and allowances as may be prescribed by rules made under section 29.
Power of the appellate court