The State government would like to see the powers and duties of Justices of the Peace (JPs) as provided for under existing laws fully exercised to complement the work of relevant government departments for the benefit of people living in the interior, said Chief Minister Datuk Seri Panglima Musa Haji Aman.

In fact, Musa said, he would be asking the State Attorney General to look into the proposals made by the Council of Justices of the Peace, Sabah (Majaps) for JPs to play a more effective role in Sabah.

He said current laws that enabled JPs to administer oaths and affirmations, to make and receive statutory declarations and to attest signatures under any written laws or when required to do so are similar to those of a Second Class Magistrate under the Subordinate Courts (Powers of Justices of the Peace) (Sabah) Regulations 1990.

“In a paper delivered by Tan Sri Richard Malanjum (now the Chief Judge of Sabah and Sarawak) in 2009, he had stated that JPs could play a bigger role in Sabah to help ease the courts’ case loads.

“JPs are appointed by the Tuan Yang Terutama Yang di-Pertua Negeri and I would very much like to see the availability of services of legally qualified JPs maximized for the benefit of remote interiors.”

He said JPs could assist in presiding minor cases, as well as hear remand cases as Second Class Magistrates when they were no resident Magistrates and where District and Assistant District Officers were unable to attend speedily to them due to their busy administrative duties. This will also reduce the risk of transporting offenders to the nearest police station or court which could involve a long drive.

“I understand JPs are more than willing to render their services voluntarily to assist the judiciary,” Musa stated in his speech, which was delivered by Minister of Special Tasks, Datuk Teo Chee Kang, who represented him at the Majaps dinner here on Sunday.

To reduce the burden on the courts, Musa said, mediation to settle disputes was encouraged in the courts in Sabah and Sarawak as an alternative.

“Mediation is really just an extension of the practice by the Ketua Kampung and Kapitan Cina long before a proper judicial system was in place. It is nothing more than applying your art of persuasion in getting the disputants to settle their dispute instead of resorting to trial in court.”

He said JPs could be trained as mediators to assist in resolving cases in disputes over land and movable properties as well as accident claims filed with the courts in Sabah.

Musa continued to say that the Native Court was also an access to justice especially in rural areas where it was the only means for natives to access justice.

He said legally qualified JPs could be appointed as Native Court clerks to assist in the management of the daily running of this court and to guide Native Chiefs on the laws.

“JPs can also assist as pleaders for those appearing before the Native Court and assist them in their pursuit of claims or in defending cases.”

Earlier in his speech, Musa stated that he was pleased to note the effort by Majaps to extend their services to the Judiciary and the Executive for the mobile courts programme.

He thanked Malanjum for initiating the mobile courts in Sabah, which has greatly assisted the State government in dealing with issues such as registration of births in remote villages.

“Currently, due to the remoteness of certain areas where the presence of Magistrates and Commissioner for Oaths or even lawyers are rare, the services of JPs in assisting with the attestation of documents in the registration of births, the reporting of crimes and the presence of illegal immigrants are much needed and welcomed.

“The State government is always willing and ready to complement the work of JPs under the mobile courts,” Musa said, adding that the Sabah government provided two vehicles for use by the mobile courts in carrying out their duties in remote villages two years ago.

During the dinner, Teo announced an allocation of RM50,000 to Majaps on behalf of the State Government.

Meanwhile, Majaps also donated RM10,000 to the Sabah Anti-Tuberculosis Association (Sabata). Also present were Majaps president, Datuk Seri Panglima Clarence Bongkos Malakun, Sabah Dong Zong chairman, Tan Sri Andrew Liew Sui Fatt, Datuk Lawrence Thien, and Sabah Gerakan chief, Datuk Gordon Leong.

Source:
courtesy of THE BORNEO POST

by Chok Sim Yee

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