Justice of Peace - JP

I have decided to write a few articles on my observation of one of the JP’s, Dr. Muthusamy Palisamy, in my former club which I think is unbecoming of a JP.

I have complained to MAJAPS and I am looking forward to their response after their meeting this 28.4.2017.

Meanwhile, here is something I copied from the internet for your information. You may read the whole article at the site below.

http://www.majaps.my/en/historyJOP.php

 The Read highlight below are mine.

JUSTICES OF THE PEACE IN MALAYSIA

In Malaysia, Justices of the Peace (for brevity often referred to as JPs) are the creation and continuation of legacy of the colonial administration. The British appointed District Officers and Assistant District Officers as JPs during the pre-Merdeka period because there was a shortage of magistrates. Now the appointment and the basic source of the powers of JPs are governed by sections 98 and 99 in Part IX of the Subordinate Courts Act 1946 [Act 92] which is a pre-Merdeka statute which continues to be in force.

Appointments of JPs are made under section 98 (1) of the Subordinate Courts Act 1948 by the respective State Authorities within and for the State, except for Sarawak where no such appointments are made. The appointments for the Federal Territories of Kuala Lumpur, Labuan and more recently, Putrajaya are made by the Yang di-Pertuan Agong. The appointing authorities may revoke the appointments. As for Sabah, JPs are appointed by the Yang di-Pertua Negeri by warrant under his hand and the Public Seal of the State of Sabah under section 98(2) of the Subordinate Courts Act 1948. 

From an oath which a JP in Sabah shall take and subscribe, it would appear that only residents of Sabah who are citizens of Malaysia may be appointed as JPs. All appointment and equally revocations, of JPs are required under the Act to be notified in the respective State Gazettes. 

In West Malaysia, JPs shall have and may exercise within the State for which they are appointed such powers not exceeding the powers of a Second Class Magistrate as may be conferred upon them by any written law. This conferment is made by virtue of section 99 of the Subordinate Courts Act 1948.
However in Sabah the mode of conferring powers and duties of the JPs is somewhat different in the sense that there are additional provisions governing the exercise of their powers. It appears that the JPs in Sabah may be vested with either more or other powers than their counterparts in West Malaysia are accorded by written laws. Their powers do not appear to be restricted to the powers of a Second Class Magistrate but are more widely defined to include such powers and duties as may be conferred or imposed upon them by any written law. Further, the JPs appointed by the Sabah State Authority shall also have such other powers and duties as the Minister may be regulations confer or impose upon them and the Minister may confer or impose the said powers and duties upon all or any of the JPs.

In West Malaysia, exercise of powers of JPs is at their own volition, whereas in the State of Sabah, the JPs are under an obligation to exercise the powers conferred on them. Further, the JPs in Sabah before exercising or performing any of the powers or duties conferred on them are requires to take and subscribe, in the presence of a Judge, a statutory oath as prescribed in subsection (3) of section 89 of the Subordinate Courts Act 1948. 

At a seminar organised by Majlis Jaksa-Jaksa Pendamai Sabah (MAJAPS) and Sabah Law Association (SLA) on 18th July 2009, the Chief Judge of Sabah and Sarawak, Tan Sri Datuk Seri Panglima Richard Malanjum (CJSS) in his paper entitled "The Delivery System of the Courts in Sabah and Access to Justice" stated that Justices of the Peace could play a bigger role in Sabah’s judiciary system and help ease the court's case loads. The increased role of JPs within the Sabah judiciary is in line with JP roles prevailing in England, Wales, Australia and USA.

http://www.theborneopost.com/2015/07/16/justices-of-peace-want-attestations-recognised/

The aims and objectives of MAJAPS, among others, are to assist the members in the performance of their duties, to serve as a liaison body between MAJAPS and the government, similar associations of the Justices of the Peace in other states of Malaysia and members of the public, to aid and promote charitable, social and welfare work.

In the year 2000, MAJAPS was recognised as an Associate Member of The Commonwealth Magistrates’ and Judges Association (CMJA) whose royal patron is Queen Elizabeth II, as head of the Commonwealth of Nations. CMJA was founded in 1970.

The aims and objectives of CMJA are to advance the administration of the law by promoting the independence of the judiciary, to advance education in the law, the administration of justice, the treatment of offenders and the prevention of crime within the Commonwealth, to disseminate information and literature on all matters of interest concerning the legal process within the various countries comprising the Commonwealth.