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THE FUNDAMENTAL OF THE COURTHOUSE DEVELOPMENT

THE FUNDAMENTAL OF THE COURTHOUSE DEVELOPMENT

LEGAL AFFAIRS DIVISION

I. STATEMENT
Supremacy of the Constitution and sovereignty of the law are vital to the practice of parliamentary democracy and a system of government based on the division of powers between the branches of the Executive, Legislative and Judicial. In support of the judiciary branch in Malaysia, the Legal Affairs Division under The Prime Minister’s Department (BHEUU-PMD) has been targeting their mission and objectives to design and develop the infrastructure and facilities for the Courthouses and create new initiatives to further improve the delivery system of the judicial administration in the country based on the Government’s aspiration and community needs.

II. THE FUNDAMENTAL OF THE COURTHOUSE DEVELOPMENT
BHEUU has developed three core components as follows: -

  1. The provision of complete physical facilities and infrastructure;
  2. Upgrading of the courthouses; and
  3. Monitor and evaluate the progress and development of the courthouse projects.

A) THE PROVISION OF COMPLETE PHYSICAL FACILITIES AND INFRASTRUCTURE

  • Modern judicial institutions have existed since the British colonial period. The scope, jurisdiction and responsibilities of these institutions have grown and expanded since the country gained independence, particularly following the increase in population as well as economic and commercial activities in the last 60 years. However, the physical facilities and court technology available are not in line with the current development of the judicial system in Malaysia.
  • The buildings were built before World War II (Pre-War Buildings) and still being used as a Court. The existing facilities and rooms in the buildings are no longer able to meet the current needs of the Judiciary.
  • This situation has affected the court administration and has contributed to the outstanding cases in the Court of Malaysia. If this situation prolong, it can be detrimental to the rights of the people and affect the economy of the nation.
  • To overcome the above problems and to meet the current needs of the Judiciary, BHEUU have taken strategic actions as follows:
    1. Build new court buildings to replace old court buildings located in rented premises;
    2. Build court buildings with one or two courtrooms in districts without court facilities. It aimed to facilitate the people to be more accessible to the court services; and
    3. Design and ensure smooth construction of court complex for every capital city in Malaysia.
  • BHEUU had also planned to build official residences for the comfort and safety of High Court Judges in selected locations. The official residential are required because:
    1. Most of the High Court Judges have not being provided with official residences forced to rent houses or occupy the quarters under the State Government. However, it is also difficult to get suitable and standard rental homes for the Judges at reasonable rates. In fact, most rental homes are also not furnish with suitable equipment and facilities for the Judge;
    2. It is also difficult to obtain a suitable rental house in terms of location and safety - most rental homes are located in residential. Therefore, it may affect the comfort and the safety of the Judges; and
    3. It can facilitate better maintenance and control on the official residences

B) UPGRADING THE COURT BUILDING

  • • BHEUU has also plans to upgrade and expand the work space of the Court in accordance with current needs by adding up spaces like holding room for VVIP, library, cafeteria, bigger store room, file room, prayer room and expansion for customer service counter.

C) MONITOR AND EVALUATE OF THE PROGRESS AND DEVELOPMENT OF THE COURTHOUSE PROJECTS

  • Ensure the physical facilities and the court technology system to be in accordance with the standards to help reduce the backlog of cases;
  • Ensure all the financial allocations are sufficient for successful development of the courthouse projects;
  • Ensure all the physical building works are completed before handing over to client agencies; and
  • Ensure all repair works are completed during the Defect Liability Period (DLP) of the project.