PUTRAJAYA, Aug 1 (Bernama) -- Senior magistrates and sessions court judges could not be appointed to hear civil suits involving higher monetary claims because the Public Service Department (PSD) has yet to approve positions to the judiciary's expectation, said Chief Justice Tun Arifin Zakaria.
He expressed hope the matter would be resolved soon as he said, this was essential to enable the judicial administration to implement amendments to the Subordinate Courts Act 1948 which was approved by Parliament two years ago.
"I hope the (PSD) will not drag its feet any longer," Arifin told reporters after attending the swearing-in of Datuk Abdul Karim Abdul Jalil as judicial commissioner.
Arifin, who was visibly unhappy, said the Cabinet had approved the appointment of senior magistrates and sessions court judges.
"We want magistrates and sessions court judges of four to five years' experience before they can hear civil cases so that there will be more quality decisions and judgments in the lower courts," he said.
The judiciary is awaiting a response from PSD over its appeal on the upgrading of grades for the posts of senior magistrate and sessions court judge which were not approved to the expectation of the judiciary.
Magistrates whose current powers are limited to presiding over civil claims of up to RM25,000, will have jurisdiction to hear claims of up to RM100,000 under the amendment.
The amendment empowers sessions court judges to hear civil claims of up to RM1 million. At present, their jurisdiction is limited to RM250,000 and below.
Arifin said experienced judicial officers could be appointed to enforce the amendment which would reduce the number of high court judges hearing civil claims, thus would help the government reduce expenditure on the judiciary.
On another matter, Arifin said the official version of the newly-enforced combined rules of the High Courts and Subordinate Courts was the Bahasa Malaysia version and should any dispute arise concerning the interpretation of the rules, the court would rely on the Bahasa Malaysia version.
He said this was the first time the Bahasa Malaysia version was made the authoritative text.
The Rules of the Court aimed at simplifying and standardising procedures on civil litigations for lawyers and the public comes into force today.
Arifin said it took three years for the judiciary, the Attorney-General's Chambers and the Bar representatives of Malaya, Sabah and Sarawak to formulate the rules.
Earlier, Abdul Karim, 53, formerly the director-general of the Malaysia Department of Insolvency under the Prime Minister's Department, received his letter of appointment from Arifin and took his oath of office before Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin.
He will be posted as judicial commissioner at the Melaka High Court.