Gov will intervene to help find solution to jurisdictional dispute: Nancy

The New Straits Times 
by PUNITHA KUMAR

KUALA LUMPUR: The government will initiate talks between the syariah and civil courts to propose a mechanism in solving the long-term jurisdictional dispute faced by both sides.

Minister in the Prime Minister's Department and de facto law minister Nancy Shukri said she will raise the matter at the next Cabinet meeting.

"Both courts need to sit down together and discuss this.

"It is now beyond the law because both sides are following the law," she said after launching two newly-minted specialist construction courts at the Duta Court Complex here with Chief Justice Tun Arifin Zakaria.

Nancy was commenting this in light of the recent case involving six-year-old V. Mithran who was abducted by his muslim father on April 9 despite his non-muslim mother gaining custody through the Civil Court. 

Arifin, on the other hand, said the case was pending at the Court of Appeal.

"We do not answer academic questions and will see how it is resolved (at the courts)," he said stating that newspaper reports had said the father will be filing an appeal against the civil court's decision to award the custody to the mother.

He also said matters relating to policies will be dealt by the government.

Meanwhile, the two specialist construction courts, which has been operating since April last year, have seen a total of 162 cases filed.

The courts, among others, will deal with cases involving building and construction disputes, engineering disputes and claims by and againt engineers.

It will also handle challenges to decision of arbitrators in construction and construction-related matters.

The establishment of the courts kicked off after the Construction Industry Payment and Adjudication Act (CIPAA) was passed in June 2012. The Act will take effect beginning tomorrow.

Malaysia is the second country in the world that has a specialist court for construction. The first is the United Kingdom which established the Technology and Construction Court (TCC).

Present during the event were Works Minister Datuk Fadillah Yusof, Construction Industry Development Board (CIDB) chairman Tan Sri Ahmad Tajuddin Ali, chief judge of Malaya Tan Sri Zulkefli Ahmad Makinuddin, chief judge of Sabah and Sarawak Tan Sri Richard Malanjum, Court of Appeal president Tan Sri Md Raus Sharif, TCC judge Robert Akenhead and Bar Council president Christopher Leong.