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2010 Apr 16 - Restore Sabah's right to appoint JCs, says SLA

Restore Sabah's right to appoint JCs, says SLA

Kota Kinabalu, Apr 16, 2010: The Sabah Law Association called, Thursday, for the reinstatement of the State's constitutional right on the appointment of Judicial Commissioners.

SLA President Datuk John Sikayun said prior to the amendment of the Federal Constitution, in accordance with Section 16(3) of the Malaysian Act, Article 122A(3) provided that for the despatch of business of the High Court in Borneo in an area in which a judge of the court is not available, the Yang di-Pertua Negeri of the State may by order appoint a Judicial Commissioner for such period as necessary.

"Unfortunately Article 122A was amended in 1994 by which Article 122A(3), among others, were deleted and new Article 122AB was inserted for the appointment of Judicial Commissioner," he said.

"Under the new Article, the Yang Di-Pertua Agong only acts on the advice of the Prime Minister after consulting the Chief Justice of the Federal Court in the appointment of judicial commissioners for Sabah and Sarawak.

"We hope our lost rights will be re-looked into and reinstated," said Sikayun.


Sabah lawyers: Give us back judicial autonomy
FRI, 16 APR 2010 15:36
By Michael Kaung

KOTA KINABALU: The Sabah Law Association (SLA) has called on the Barisan Nasional-led state government to help restore Sabah's constitutional right to appoint judicial commissioners.

SLA president John Sikayun said prior to the amendment of the federal constitution, the state had the power to appoint a judicial commissioner.

He said the authority was granted to the state under the Malaysia Act.

But it was removed when the State BN government surrendered this right when it came to power in 1994.

"According to Section 16(3) of the Act, Article 122A(3) provides for the despatch of business of the High Court in Borneo in an area in which a judge of the court is not available; the Yang di-Pertua Negeri of the state acting on the advice of the Chief Justice... may appoint a judicial commissioner by order for such period as necessary," he said.

"Unfortunately, Article 122A was amended in 1994 and Article 122A(3), among others, was deleted and a new Article 122AB was inserted for the appointment of judicial commissioners.

"Under this new article, the Yang di-Pertuan Agong only acts on the advice of the prime minister after consulting the chief justice of the federal court in the appointment of judicial commissioners for Sabah and Sarawak.

"We hope our lost rights will be re-looked into and reinstated," said Sikayun during a seminar on “Restorative Justice: Beyond Crime and Punishment” here yesterday.

Sikayun also highlighted the issue of qualified Sabah judicial practitioners being by-passed when the posts became vacant in the higher courts.

He hoped more qualified people from the state would be appointed to the High Court and the Appellate Courts in the future.

'A great comfort'

Two Sabahans -- Wahab Patail and Clement Skinner -- were recently elevated to judges in the Court of Appeal from the High Court.

Patail, 61, and Skinner, 53, were among four High Court judges who were sworn in during a ceremony in Putrajaya on Wednesday.

Sikayun said the SLA was particularly pleased with the appointment of Skinner, once a senior lawyer in Sabah.

"He has on several occasions served as a member of the panel of the Court of Appeal sittings on Sabah and this augured well where specific laws of Sabah came under consideration.

"This was a great comfort to us because a judge with Borneo experience was among the quorum," he said.

Sikayun recalled that the Inter-Governmental Committee Report recommended that a judge with Borneo judicial experience should sit among the judges in the Federal Court when hearing a case arising in a Borneo state.

"This recommendation of the IGC sadly has not been provided for in the Federal Constitution though this has been left as a matter of good practice which we hope will continue to prevail," said Sikayun.

The seminar noted that while Restorative Justice has yet to be adopted and implemented in the Malaysian criminal justice system, certain aspects are contained in the indigenous justice system.

The traditional form of punishment or “sogit” where the offender pays the victim or family reflects characteristics of Restorative Justice where the offender is required to repair the harm caused to the victim or victim's family.


Sabahans' right and autonomy


SAPP Policies

SAPP's 17 point Manifesto - Sabah deserves better in terms of more equitable distribution of opportunities, in social, economic and infrastructural development and a better quality of life. [BM][Chinese]

SAPP's Economic Plan for Sabah - SAPP aims to achieve economic prosperity and financial self-reliance for Sabah. Version in [BM] [Chinese]

SAPP's Land Reform Policy - To promote and protect the rights and interests of local natives and other citizens in Sabah [BM][Chinese]

On Oil Royalty - SAPP is not giving up its struggle for more oil royalty payment for Sabah.

SAPP's Eight (8) Points Declaration - Whereas our mission is to establish a trustworthy govt and a progressive ...

SAPP's 14 point memo in 2006 - Time for Direct Preventive Actions

SAPP Constitution (booklet)

Our Sabah..

Books on ....
RCI Report on Immigrants in Sabah
The Birth of Malaysia
Malaysia Agreement Article 1-11
The Original Agreement of Malaysia
Heroes of Kinabalu 神山美烈誌
Schedule 9 of the Federal Constitution

more on ...
Twenty points safeguard
20 Perkara
Illegals & IC issues
Bernas Monopoly
No to coal-fired plant
Sabah Gas pipeline
3 million acres oil blocks ceded
The Formation of Msia & Devt in Sabah
Proclamation of Msia 1963...details
Restore Sabah's right to appoint JCs,
Ex-minister: Review 20-point
Supply Sarawak power to Sabah...
Sedition Act 1948
Continental Shelf Act 83 (1966)
Petroleum Development Act 144 (1974)
Petroleum Oil Agreement (1976)


SAPP bid to discuss Sabah claim rejected
Take action against anti-Malaysia elements
Call for Philippines Consulate in Sabah
Get the RM1 billion and solve the QEH debacle
SAPP's objection of coal-fired plants in Sabah
SAPP: Explain the RM 601 loan to KL company
The missing billion ringgit "special grant"
SAPP on SEDIA Bill 2009
SAPP supports the call for the abolishment of Cabotage Policy
Probe illegals having Mykad also
Political Autonomy for Sabah
Sabah Schools still awaiting share of RM30 million
Special fund: Eric wants ACA probe
Oil royalty: SAPP not giving up
Scrap Bernas monopoly on rice
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