Malaysia legislation
Section 4
Section 4
⎯(1)
Without prejudice to subsection (6), the constitution of
Native Courts shall be as follows:
(a)
the District Native Court shall consist of a Magistrate and two assessors;
(b)
the Chief’s Superior Court shall consist of a
Temenggong or Pemanca sitting with two assessors, or both
Temenggong and Pemanca sitting with one assessor;
(c)
the Chief’s Court shall consist of a Penghulu and two assessors;
(d)
the Headman’s Court shall consist of a Headman and two assessors:
Provided that a Headman’s Court or a Chief’s Court in which the proceeding is commenced may, on its own motion or on application by any party to the proceedings, order in accordance with the provisions of section 5(6) that the case be referred for trial by a
Chief’s Superior Court.
[Sub. Cap. A87.]
(2)
In any case in which the native system of personal law applicable is the law of a particular community, the Headman or Chief presiding shall be a member of that community:
Provided that, subject to the directions of the Resident within whose Division such case arises, any person who is or has been a
Sarawak Administrative Officer or any person who, in the opinion of the Resident, is versed in the native system of personal law of the relevant community applicable thereto, may be appointed to preside over a Native Court notwithstanding that he is not a member of the community to which the relevant system of personal law applies; and the person so appointed may exercise the powers and jurisdiction of that Native Court. Any person appointed under this proviso or ordered under section 9(2) to preside over a Native Court shall be paid such remuneration and allowance as may be prescribed by rules made under section 29.
(3)
When any question of native law or custom is involved, at least one assessor shall be a member of the community, the law or custom of which is relevant to the determination thereof, or some other native who in the opinion of the Resident is versed in such law or custom.
(4)
The assessors in each case shall be appointed by the presiding officer in accordance with such rules as may be prescribed under section 29.
(5)
A Magistrate may sit in and constitute any court lower than the court which he had power to constitute, as if he were the presiding officer of such lower court.
(6)
Notwithstanding anything in this section, in the case of any community following an Iban system of personal law:
(a)
a Headman’s Court may be constituted by a Tuai
Rumah sitting without assessors;
(b)
a Chief’s Court may be constituted by a Penghulu sitting with two Tuai Rumah to assist him;
(c)
a Chief’s Superior Court may be constituted by a
Temenggong or a Pemanca, or both Temenggong and Pemanca sitting in either case with two assessors.
Jurisdiction of Native Courts