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WHO HEADS THE MALAYSIAN JUDICIARY ?
The head of the Malaysian Judiciary is the Chief Justice.
HOW ARE JUDGES APPOINTED ?
The Chief Justice is appointed by His Majesty the Yang di-Pertuan Agong
on the advice of the Prime Minister after consulting the Conference of
Rulers. The appointment is similar to those of the President of Court
of Appeal, the two Chief Judges, judges of the Federal Court, the Court
of Appeal and the High Court.
Under the Federal Constitution, the Prime Minister shall consult the
Chief Justice, the President of the Court of Appeal and the two Chief
Judges, before he tenders his advice in appointing a judge to the Federal
Court, the Court of Appeal and the High Courts.
His Majesty the Yang di-Pertuan Agong may also appoint a person who has
held high judicial office in Malaysia to be additional judge of the Federal
Court. This must be on the advice of the Chief Justice.
If the interest of justice so require, the Chief Justice may also nominate
a Court of Appeal Judge to sit as a Judge of the Federal Court. All judges
of the Superior Court retire at the age of 65.
HOW DOES THE MALAYSIAN COURT SYSTEM WORKS ?
(a) The Federal Court
The Federal Court hears appeals from the Court of Appeal. |
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(b) The Court of Appeal
The Court of Appeal hears appeals from the High Court relating to both civil and criminal matters. |
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| (c) The High Court |
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A) CIVIL JURISDICTION
The High Court has jurisdiction to try all civil matters but generally confines itself to matters on which the Magistrates and Sessions Courts have no jurisdiction. These include matters relating to divorce and matrimonial cases, appointment of guardians of infants, the granting of probate of wills and testaments and letters of administration of the estate of deceased persons, bankruptcy, and other civil claims where the amount in dispute exceeds RM250,000.00.
| B) CRIMINAL JURISDICTION
The High Court may hear all matters but generally confines itself to offenses on which the Magistrates and Sessions Courts have no jurisdiction, for instance, offenses which carry the death penalty.
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C) APPELLATE JURISDICTION
The High Court may hear appeals from the Magistrates and Sessions Courts in both civil and criminal matters.
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| (d) The Sessions Court |
(A) CIVIL JURISDICTION
A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions Court may also hear other matters where the amount in dispute does not exceed RM250,000.00.
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(B) CRIMINAL JURISDICTION
A Sessions Court has jurisdiction to try all criminal offenses EXCEPT those punishable by death.
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(e) The Magistrates Court
The Magistrates Courts deal with the vast majority of cases, both civil and criminal, and sit in almost all major towns in Malaysia.
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(A) CIVIL JURISDICTION
A Magistrates Court may hear a civil case when the amount in dispute does not exceed, 25,000.00.
Where the amount claimed does not exceed RM5,000.00 you may wish to file your claim in the "small claims" division of the Magistrates Court. If you do so however, you must be prepared to conduct the case yourself, as legal representation is not permitted.
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(B) CRIMINAL JURISDICTION
A Magistrates Court may hear criminal matters of the following nature:-
- where the offense is punishable
by a fine only - this would cover the majority of traffic
offenses.
- where the offense provides
for a term of imprisonment not exceeding ten years. A Magistrate
may not, however, impose a term of imprisonment exceeding
five years.
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There are also various other courts outside of this hierarchy, including
the Special Court. There is the Penghulu's Courts, the Syariah Courts
and the Native Courts. A court which is paralleled in jurisdiction with
the Magistrates' Court in the Juvenile Court.
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