Global Judicial Integrity Network Updates Special Edition 'Views' Review | Page 6

VIEWS
Malaysia’s Mobile Court: Judging in the Still of the Forest
Judge Zainun Ali is a Judge of the Federal Court of Malaysia. She previously served as Judicial Commissioner
of the High Court of Malaysia.
As exotic as it may
sound, judging issues and
problems in the far reaches
of Malaysia’s interior is
certainly no mean feat.
Large swathes of people
in rural Malaysia live in
remote corners, especially
in the states of Sabah and Sarawak (formerly
known as North Borneo) - home of the famed
“Man from Sandakan”. Most of the populace in
these parts are indigenous. By and large, they
are vulnerable by reason of their poverty and
intellectual disadvantage.
Access to justice operates much
more broadly, so that it includes
the physical availability of legal
aid, as well as the opportunity
to participate and receive a fair
decision.
then led by the then Chief Judge of Sabah and
Sarawak, Tan Sri Richard Malanjum, created
the unique mobile court system. It operates
in one of two ways: the first involves a system
where vehicles are converted into “mobile
courtrooms”, each staffed by a Magistrate,
a Commissioner of Oath and an interpreter,
complete with their mobile IT apparatus and
recording system. These vehicles will traverse
the tough terrain in the interiors, where court
officials dispense legal aid and justice to those
in need.
The second way that the mobile courts operate
is where the relevant courtroom accoutrement
of Magistrates, Commissioners of Oath and
court interpreters converge to these remote
parts by longboats, vehicles or light aircraft.
In most of these mobile court sittings, relevant
officers from other government departments
will also travel with the court staff to assist in
concerns regarding administrative and related
issues.
Due to the distance and remoteness, the dates
of sittings of the mobile courts are published in
advance by way of radio announcements and
publications in the local newspapers.
The geographical and physical impediment
meant that access to justice for them is
extremely challenging. Their physical exclusion
from the dignified space of a courtroom impels
the court to go to them, if the symbolic function
and integrity of the court are to be maintained. One might wonder as to the range of issues that
are heard by these courts. They run the gamut
from issues of citizenships, late registration
of births and deaths, matrimonial, family and
probate issues as well as several criminal
offences such as illegal use of firearms and
illegal logging.
This inadequate access to justice also means that
something had to give. The Malaysia Judiciary Generally, crime rates and civil disputes are
relatively low in these parts. Although there is
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