7- Court Of Rulers_nizam2007

ISLAMIC SCIENCE UNIVERSITY OF M A L A Y S I A Faculty of Syariah and Law

LBA 1043 Malaysian Legal System II

© Muhammad Nizam Awang @ Ali

Special Court

Court of Rulers

Discussion Points

• • • •

Definition of ‘Ruler’? What is ‘Ruler’s sovereignty’? Who can sue ‘Ruler’? Who are the members of the Court of Ruler? • What is the court jurisdiction? • How the court the conduct the trial? • What is the status of the court decision? • Legislation: Federal Constitution

Who is a ‘Ruler’? Art.160 • Negeri Sembilan – Yang Di-Pertuan Besar acting on behalf of himself and the Rulings Chief is in accordance with the State Constitution c) In any other state - person who according to the State Constitution exercises the function of the Ruler Case: Dato Menteri Othman bin Baginda & Anor v. Dato Ombi Syed Alwi Syed Idrus [1981] MLJ 29 - Ruling Chiefs of Negri Sembilan fall under the definition of ‘Ruler’

What is ‘Ruler’s sovereignty’? Art. 181(1): Sovereignty, prerogatives, powers and jurisdiction of the Rulers and Ruling Chiefs of Negeri Sembilan shall remain affected within their respective territories

Who can Sue Ruler? • Pre-1993 - Absolute immunity – Ruler enjoyed unlimited/absolute immunity – Case:

– Mighell v. Sultan of Johore [1894] QB 147

Who can Sue Ruler? (2) • Post-1993 - Conditional sovereignty – Action can be sought against Ruler in his personal capacity (in Court of Rulers)

Cases in Discussion - DYTM Tengku Idris Shah ibni Sultan Salahuddin Abdul Aziz Shah v DIKIM Holdings Sdn Bhd & Anor [2003] 1 CLJ 801 - Regent exercising the function of the Ruler was not a ‘Ruler’ according to Art 181(2), the 3rd and 5th Schedules. Thus, he could be sued in the ordinary courts - The court adopted purposive approach- by looking back at the purpose of the establishment of the Court of Rulers

Cases in Discussion (2) – Karpal Singh v. Sultan of Selangor [1988] 1 MLJ 64 – Mobil Oil Malaysia Sdn Bhd v. Official Administrator, Malaysia [1988] 1 MLJ 518

Who are the Court Members? Art. 182(1) – Sittings of the Court: b) Chief Justice of the Federal Court (Chairman) c) Chief Judges of the HCs; and d) 2 judges who hold or have held of the Federal Court; or e) 1 judge of the HC appointed by the Conference of Rulers

What is the Court Jurisdiction? •

Art. 182(2) – Proceeding brought only in Ruler’s personal capacity • Art 182(3) – –

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Criminal Cases: shall have exclusive jurisdiction to try all offences committed in the Federation by the YDPA or Ruler of the State Civil Cases: By or against the YDPA or Ruler of the State notwithstanding where the cause of action arose

Cases in Discussion - DYTM Tengku Idris Shah ibni Sultan Salahuddin Abdul Aziz Shah v DIKIM Holdings Sdn Bhd & Anor [2003] 1 CLJ 801 • Faridah Begum bte Abdullah v Sultan Haji Ahmad Shah [1996] 1 MLJ 617 - Art 181(2) is ‘of special and exceptional kind’, therefore nonMalaysian citizen cannot sue a Ruler. Unless there is clear principle of reciprocity between Commonwealth nations

How the court conduct the trial? -

Art 182(5) The similar procedure in the inferior courts, HCs and Fed. Court) shall similarly be applicable in the Special court (unless the Parliament make special provision on that)

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Art. 183- Proceeding shall be instituted with the personal consent of the Attorney General –

Case in discussion: Faridah Begum bte Abdullah v Sultan Haji Ahmad Shah [1996] 1 MLJ 617

How the court conduct the trial? (2) • Art 182(4) – Court of Rulers has similar jurisdiction and power as vested in the inferior courts, HC and the Federal Court (coordinate jurisdiction)

• Case in discussion: Faridah Begum bte Abdullah v Sultan Haji Ahmad Shah [1996] 1 MLJ 617

What is the status of the court decision? Art 182(6) – Decision court • By majority opinion of the court members • Shall be final and conclusive • shall not be challenged in any court n any ground

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