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CHAPTER

The Judicial System in

Malaysia

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OBJECTIVES
This chapter:

describes the structure of the judicial system in

Malaysia

aids understanding of the workings of the

judiciary

sets out the hierarchy of the courts, their

jurisdiction and powers

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PREVIEW

An Overview

Subordinate Courts in Peninsular Malaysia

Subordinate Courts in East Malaysia

Superior Courts in Malaysia

Alternative Methods of Dispute Resolution

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AN OVERVIEW
role of the courts the administration of the law
courts have both criminal and civil jurisdiction
jurisdiction refers to the cases or matters that a court
can hear, and is established by statute
courts that are higher in the hierarchy of courts will
hear and decide on the more serious cases or
matters
the head of the judiciary is the Chief Justice
judicial power of Malaysia is vested in:
the Federal Court
the Court of Appeal
the High Courts
the Subordinate Courts
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THE COURT SYSTEM

The court system may be illustrated as follows:

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SUBORDINATE COURTS IN
PENINSULAR MALAYSIA

the subordinate courts in Peninsular

Malaysia are:
1. Sessions Courts
2. Magistrates Courts

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MAGISTRATES COURTS
lowest level of subordinate courts in Peninsular Malaysia
deals with minor civil and criminal cases
presided over by a magistrate
according to section 85 of the Subordinate Courts Act 1948
(Revised 1972) amended by the Subordinate Courts
(Amendment) Act 1978, a first class magistrate possesses
criminal jurisdiction to try:
all offences for which the maximum term of punishment
provided by law does not exceed ten years imprisonment
all offences punishable with fine only

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MAGISTRATES COURTS (cont.)

offences under *sections 392 and 457, Penal Code
where a person is found guilty, the magistrate may
pass any sentence allowed by law not exceeding:
1. Five years imprisonment
2. A fine of ten thousand ringgit
3. Whipping of up to twelve strokes
4. A combination of any of the above-mentioned
*Section 392-Punishment with robbery
Section 457-lurking, house-trespass or housebreaking at
night.
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MAGISTRATES COURTS (cont.)

a second class magistrate:

has jurisdiction to try offences for which the maximum
term of imprisonment provided by law does not exceed
twelve months imprisonment
may try offences punishable with a fine only
He may pass any sentence allowed by law:
1. Not exceeding six months imprisonment
2. A fine of not more than one thousand ringgit
3. Any sentence combining either of the aforesaid sentences

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MAGISTRATES COURTS (cont.)

for civil matters, the first class magistrate has

authority:
to try all actions and suits where the amount in
dispute or value of the subject-matter does not
exceed RM100,000.00
to exercise jurisdiction in actions for the recovery
of immovable property and for recovery of rent,
mesne profits and damages when the money
claimed does not exceed RM25,000 or where the
rent payable in respect of the premises does not
exceed RM24,000 per year or RM2,000 per month

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MAGISTRATES COURTS (cont.)

the second class magistrate:

jurisdiction to try original actions or suits of a civil
nature where the plaintiff seeks to recover a debt
or liquidated demand on money payable by the
defendant, with or without interest, not exceeding
RM10,000

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COURTS FOR CHILDREN

set up to deal with criminal offenders below the age of

eighteen
consists of a first class magistrate who is assisted by
two lay advisers, one of whom shall, if practicable, be a
woman
jurisdiction to try all offences except those punishable by
death
closed to members of the public in order to protect the
young offender from publicity
if the offender is aggrieved by any finding or order of the
court, he may appeal to the High Court against the
finding or order

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SESSIONS COURTS

highest of the subordinate or inferior courts

under the charge of the Sessions Court judge
criminal jurisdiction extends to all offences other than
offences punishable by death
Unlimited jurisdiction to try all actions and suits of a civil
nature in respect of motor vehicle accidents, landlord and
tenant and distress
Jurisdiction to try all other actions and suits of a civil
nature where the amount in dispute or the value of the
subject matter does not exceed one million ringgit
(RM1,000,000)

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SESSIONS COURTS

Jurisdiction to try all actions and suits of a civil nature for

the specific performance or rescission of contracts or for
cancellation or rectification of instruments, within the
jurisdiction of the Session Court- Section 65 of the
Subordinate Court.

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SUBORDINATE COURTS IN
EAST MALAYSIA
prior to 1 June 1981, the subordinate courts in East
Malaysia consisted of the Native Courts and the
Magistrates Courts
with effect from 1 June 1981 when the Subordinate
Courts Act (Extension) Order 1980 came into force,
the Subordinate Courts Act 1948, with some
modifications, was extended to Sabah and Sarawak
with this extension, the subordinate courts now
consist of Native Courts, Sessions Courts, and
Magistrates Courts

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NATIVE COURTS

peculiar only to Sabah and Sarawak

exercises jurisdiction over matters affecting

native customs where the parties are natives

previously, the Native Court also possessed

jurisdiction over matters concerning Muslim law.
Muslim law in Sabah and Sarawak is now
administered by a separate system of Muslim
courts, the Syariah Courts

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NATIVE COURTS (cont.)

Native Courts are empowered to try civil and

criminal matters such as:
cases arising from breach of native law or custom
cases involving land where there is no title issued by the
Land Office and in which all the parties are subject to the
same native system of personal law
civil cases (excluding land) where the value of the subjectmatter does not exceed RM50 and all parties are subject
to the same native system of personal law

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NATIVE COURTS (cont.)

in Sarawak, there are three Native Courts

exercising original jurisdiction:
1. District Native Court
2. Native Officers Court or Chiefs Court
3. Headmans Court

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NATIVE COURTS (cont.)

in Sabah:
original jurisdiction is exercised by the Native Court with
the District Officer acting in a supervisory-cum-appellate
capacity
in his appellate capacity, the District Officer hears appeals
from any order of a Native Court
an appeal from any order of the District Officer lies to a
Native Court of Appeal presided over by a judge of the
High Court
the Appeal Court also comprises the Resident of the
residency in which the original proceedings took place and
one native chief duly appointed

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NATIVE COURTS (cont.)

in Sarawak:
Headmans Court consists of a headman and two
assessors
has the power to impose a fine not exceeding RM50

The Native Officers or Chiefs Court consists of a

Native Officer or Chief and two assessors
has the power to impose a term of imprisonment not
exceeding six months and a fine not exceeding RM100

District Native Court, comprising a Magistrate, a Native

Officer and two assessors, possesses the widest
jurisdiction
may impose a term of imprisonment not exceeding two years
and a fine not exceeding RM200
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SESSIONS COURTS (cont.)

any party who is aggrieved by the decision of any

Native Court may appeal to a higher court see
the Native Court System below:
Native Court of Appeal
Residents Native Court
District Native Court
Native Officers/Chiefs Court
Headmans Court

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SESSIONS COURTS (cont.)

the Residents Native Court and the Native
Court of Appeal exercise only appellate
jurisdiction
the Native Court of Appeal is presided over by a
judge with powers similar to those of a High
Court judge
see Ongkong anak Salleh v David Panggau
Sandin & Anor

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MAGISTRATES, JUVENILE AND

SESSIONS COURTS

basically operate in a way similar to their

counterparts in Peninsular Malaysia and are
governed by the same statutes

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SUPERIOR COURTS IN
MALAYSIA

comprises:
High Courts the High Court of Malaya and the High
Court in Sabah and Sarawak
Industrial Court
Court of Appeal
Federal Court

the jurisdiction of the High Court is original,

appellate and supervisory
in the exercise of its original jurisdiction, it has
unlimited criminal and civil powers
any civil matter which cannot be determined in the
subordinate courts is heard before the High Court

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THE HIGH COURT

has the jurisdiction to try all civil proceedings

where:
1. The cause of action arose within Malaysia
2. The defendant(s) resides or has his place of
business within Malaysia
3. The facts on which the proceedings are based, exist
or are alleged to have occurred within Malaysia
4. Any land the ownership of which is disputed is
situated within Malaysia

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THE HIGH COURT (cont.)

has the power to refer any points of law arising in
the appeal for the decision of the Court of Appeal
general supervisory and revisionary jurisdiction
over all subordinate courts
High Court of Malaya in Kuala Lumpur is
reorganized into:

1.
2.
3.
4.

Commercial Division (Bankrupcy & Winding up)

Appellate and Special Powers Division
Civil Division
Criminal Division

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FEDERAL COURT
the highest court in Malaysia
has the jurisdiction to:

1. Hear civil and criminal appeals from the Court of Appeal

2. Exercise exclusive original jurisdiction on those matters
conferred on it under Art 128(1) and (2), Federal
Constitution
3. Determine constitutional questions which have arisen in
the proceedings of the High Court but referred to the
Federal Court for a decision
4. Give its opinion on any question referred to it by the
Yang di-Pertuan Agong concerning the effect of any
provision of the Constitution
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INDUSTRIAL COURT

exercise judicial or quasi-judicial functions

constituted under the Industrial Relations Act 1967
deals primarily with trade disputes and therefore has
jurisdiction over matters concerning employers,
employees and trade unions
reference may be made to the High Court on
questions of law
see Cheek Hong Leong v Kym Industries (M) Sdn
Bhd, Mas Golden Boutique Sdn Bhd v Md Zain Abu,
Johor v Mohd Zain bin Haji Idris

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COURT OF APPEAL
jurisdiction to hear and determine any appeal
against any High Court decision on criminal
matters
jurisdiction to hear and determine civil appeals
generally for cases where the amount or value of
the subject-matter of the claim is at least
RM250,000
has no power to re-open, rehear nor to reexamine its decision for whatever purpose
see Lye Thai Sang & Anor v Faber Merlin (M) Sdn
Bhd & Ors

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ALTERNATIVE METHODS OF
DISPUTE RESOLUTION

3 methods:
1. Mediation
2. Conciliation
3. Arbitration

Examples:
Consumer Claims Tribunals
Financial Mediation Bureau

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MEDIATION

facilitative process for resolving disputes

quickly and cheaply

role of the mediator is a determinative one

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CONCILIATION

conciliator may exercise an advisory or

directive role in assisting the parties to identify
the dispute in question, develop options,
determine what alternatives are available, and
try to reach an agreement

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ARBITRATION

means of settling commercial disputes

a formal dispute resolution process which involves the
hearing of a dispute by an independent third party (an
arbitrator). At the end of the hearing the arbitrator will
make an award unless the parties have expressed a
contrary intention, and the award will be final and
binding on the parties
is a determinative process
Arbitration Act 2005, section 9(1):
arbitration agreement an agreement by the parties to submit to
arbitration all or certain disputes which have arisen or which may
arise between them in respect of a defined legal relationship,
whether contractual or not

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REVIEW
Overview of the Judicial System
Subordinate Courts in Peninsular Malaysia

Sessions Courts
Magistrates Courts &Juvenile Courts

Subordinate Courts in East Malaysia

- Sessions Courts
Magistrates, Court for chilren
Native Courts

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REVIEW (cont.)

Superior Courts in Malaysia

The High Court

The Industrial Court
The Court of Appeal
The Federal Court

Alternative Methods of Dispute Resolution

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