Penang JP Mediation Bureau – established pursuant to Mediation Act 2012

To-date, the Council of Justices of the Peace, State of Penang, in collaboration with Asian International Arbitration Centre (AIAC), formerly known as Kuala Lumpur Regional Centre for Arbitration (KLRCA), has trained more than 50 community leaders (both JPs and non JPs) from diverse background to be Mediators.  The mediators’ professional background include those from medical, legal, engineering, construction, finance, commerce, and other industries.  Apart from private mediation, a few JP Mediators have also served in the High Court annexed mediation.

Background of JPs and appointments

The institution of Justices of the Peace (JP) is a British creation.  Until today, it is still exist in most Commonwealth countries.  During the colonial rule of the Malaya, the JPs were statutorily empowered pursuant to several enactments such as the Merchant Shipping Ordinance 1962, Betting Ordinance 1953 and the Common Gaming Houses Ordinance 1953 to facilitate their function of preservation of the peace of the community including enforcement of laws.  After independence in 1957, the Federal government saw it fit to entrench and empower the office of the JP via sections 98 and 99 of the Subordinate Courts Act 1948 (Revised 1972) which states:

Section 98, Appointment of Justices of the Peace:  The State Authority may, by warrant under his hand, appoint such persons as he may deem fit to be Justices of the Peace within and for the State, and may in like manner revoke any such appointment.  All appointments and revocations of appointments made under this section shall be notified in the Gazette.

Section 99, Powers of Justices of the Peace:  Justices of the Peace 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.

In Penang, JPs are traditionally appointed from eminent community and business leaders as intermediary between the government and the people.  In addition to their statutory roles, Penang JPs had previously served in the Pardons Board, Museum Board, Unity Board, Tribunal, Juvenile Court, and some other state statutory bodies and/or established agencies.

Serving these bodies conferred recognition and stature by the State Authority. Being backed by statutory laws, it provides fulfillment of the desired public service functions.  All public services provided by JPs are performed pro bono.

The last appointment of JPs in Penang was in the year 1989.

Council of Justices of the Peace, State of Penang

The Council was established in July 1962 to provide a platform for the Penang JPs to coordinate and pool resources to serve the local community more effectively.  It is a registered entity with the Registrar of Societies.  In 2019, the membership stands at 66, of which fewer than 10 are below 75 years old.  The youngest JP is 64.

As the numbers of JPs are diminishing and without new appointments, there is the risk that the institution of the Justices of the Peace in Penang may become a part of history of the state.

The article “Justices of the Peace: An Institution at Risk of Forgotten” published in the May 2018 issue of the Penang Monthly summarises the current state of affairs of the JP institution in Penang.

On 13 June 2018, the Council submitted a memorandum calling on the State Authority to save this Institution and to resume the appointment of new JPs.