You believe your rights have been overlooked. You have the documents, but do you understand the law well enough to defend yourself?
For ordinary Bruneians, navigating legal procedures can be daunting, especially without professional guidance.
How can we make the journey towards justice more accessible while upholding fairness, judicial independence and our values of adil dan ihsan?
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Why understanding the law, defending one's rights and simply reaching a courtroom can cost more than many Bruneians can afford.
By Malai Hassan Othman
Imagine an ordinary Bruneian walking into a
courtroom, certain he has been wronged and determined to be heard.
He carries a folder of documents, years of correspondence and a clear memory of what happened. He believes the facts will speak for themselves.
He soon learns otherwise. A grievance is
not the same as a claim the law will enforce. Knowing what happened is not the
same as proving it.
There are procedures to follow, deadlines
to meet, arguments to build and strict rules on what evidence the court may
admit.
Across the room may sit an organisation
represented by seasoned counsel, with research support, time and resources he
cannot hope to match.
Both parties answer to the same law. The
real question is whether both are equally equipped to use it.
This is not a complaint against our judiciary. The question is simpler, and harder to dismiss: can ordinary citizens actually exercise the rights the law gives them?
When the Law Becomes a Language of Its Own
To lawyers, words such as jurisdiction,
limitation, admissibility and burden of proof are working tools. To the
ordinary citizen, they can sound like a foreign language.
A man may believe a signed agreement proves
his right to payment. The law may first ask who was bound by it, whether it is
enforceable and whether he has sued the right party.
He may hold documents that support his
account, then discover they must be introduced in a particular way before the
court can consider them.
He may feel he was treated unfairly, only
to learn that unfairness, dishonesty and illegality are separate questions in
law, each with its own test.
These distinctions exist for good reason.
They let courts decide disputes consistently and protect everyone from claims
that cannot be proven.
Yet they leave a hard question. How does a
person without legal training grasp them before spending his savings on a claim
he believes is just?
The Judiciary recognises people who act for
themselves, known as litigants in person. It publishes guidance on how civil
claims are started, defended and taken through each stage.
Court staff will guide users through the
process. But officers of the court are not permitted by law to give legal
advice, draft documents or help prepare a case.
The right to represent oneself is not the
same as the ability to do it well. Knowing the facts is one skill. Turning them
into a sound legal argument is another.
The Price of Standing Up for Your Rights
Justice carries a price tag. We do not talk
about it nearly enough.
For a wage earner, a lawyer's fees can mean
choosing between legal costs and household bills. For a small entrepreneur, an
unresolved contract dispute can choke cash flow.
For a retiree, a lifetime of savings may be
at stake.
The gap widens when the other side is an
organisation able to keep counsel on retainer through years of hearings and
appeals.
Money does not decide cases. The
better-funded party does not always win, and the unrepresented party is not
always right. The concern is whether resources shape a person's ability to
prepare, present and sustain a case.
Brunei has made a start. The Law Society of
Brunei Darussalam runs a Legal Advice Clinic offering free preliminary advice
to unrepresented people earning BND1,500 a month or less.
It is a meaningful service, and the lawyers
who volunteer their time deserve credit. For some, it may be the only
professional advice they ever receive.
But the clinic offers a consultation, not
representation. A citizen may leave knowing exactly where he stands, yet still
be unable to afford the lawyer his case requires.
And a household earning BND1,600, with
children in school and an ageing parent at home, falls outside the line
altogether.
A legal system can have able lawyers,
capable judges and sound procedures, and still leave some citizens unable to
afford meaningful representation.
I know this road. There was a time when I
firmly believed I had been wronged, though not by any court.
What I could afford was one conversation
with a lawyer. The other side, with far deeper pockets, was ready to fight for
as long as it took. So I let it rest.
Procedure, Evidence and the Pursuit of Fairness
The law demands evidence. Fair enough. The
other side must have a fair chance to answer, and courts cannot decide cases on
sympathy alone.
Rules protect those principles. Without
them, a hearing could become a contest of accusations. But a necessary rule can
still be bewildering to someone facing it alone.
Its complexity, however, falls hardest on
those who stand alone.
A litigant in person may miss a deadline,
misunderstand a direction or bring convincing documents in a form the court
cannot accept. He may know his story inside out, yet struggle to make it count
in law.
Written submissions raise a quieter issue.
Many self-represented parties put their arguments on paper because they cannot
argue fluently aloud in a formal setting.
It would help if litigants in person were
told plainly, and in advance, how written submissions are received and what
form gives their arguments the clearest hearing.
The Magistrates' Court Civil Section offers
practical help. Its legal assistants explain filing requirements and the stages
of a case, but cannot say whether a claim is likely to succeed.
That limit is right, because court staff
must stay impartial. Yet it leaves a gap between knowing how to file a document
and knowing whether it helps the case.
And where, exactly, is he supposed to turn
for that help?
Records matter just as much. A person
weighing an appeal needs to know what was said at trial, and the notes of
proceedings may be his only guide.
Reliable audio recording of civil
proceedings, wherever practicable and subject to appropriate safeguards, could
strengthen the accuracy of court records. It would also provide an additional
means of resolving disputes over what was said during a hearing.
Citizens should also know what records
exist, how to obtain them and what to do when their accuracy is in question.
Judgments pose a final challenge. A
judgment brings legal finality, but not always understanding.
For the losing party, the reasons can
matter as much as the result. Yet a carefully reasoned judgment may still be
closed to a reader without legal training.
A short plain-language summary of reasons,
issued alongside significant civil judgments, would not dilute the law. It
would help the public see how decisions are reached, and trust them.
Justice, Benevolence and the National Amanah
In Brunei, justice carries a weight beyond
the courtroom. It sits at the heart of Melayu Islam Beraja (MIB), our national
philosophy.
The principle of adil dan ihsan,
justice and benevolence, frames that responsibility. In Islamic governance,
authority is an amanah, a trust demanding fairness, integrity and care
for those it serves.
The Holy Quran, in Surah An-Nahl, verse 90,
commands both justice and ihsan. One asks that obligations be met. The
other asks that they be met with excellence and compassion.
For institutions, these values cannot stay
on paper. They must show in daily conduct: how a counter clerk explains a form,
how a letter is acknowledged, how a judgment's reasons are made known.
Justice requires the law to be applied
impartially. Ihsan asks institutions to notice those whose circumstances
leave them at a disadvantage.
Compassion does not override evidence,
legal rights or judicial independence. It asks whether processes are
understandable, accessible and responsive enough, without bending the law for
anyone.
A person who cannot afford a lawyer does
not deserve to win because he is disadvantaged. He deserves a real chance to
understand his rights, present his case and weigh the consequences of his
choices.
That is adil dan ihsan at work, at
the counter and in the courtroom.
When Litigation Ends but Questions Remain
Losing a case does not mean justice has
failed. A litigant may have had a fair hearing, presented his evidence and lost
because the law was not on his side.
But the end of a case does not always end
the search for understanding. He may still not know why an argument failed, or
why certain evidence was excluded.
He may also carry separate grievances,
about professional services or administrative conduct, that belong in different
channels altogether.
A concluded judgment cannot simply be
reopened because someone dislikes the result. But it should not take another
legal battle to find out where a separate complaint belongs.
A citizen who writes to an authority
should, at the very least, receive an acknowledgment, learn whether that body
has jurisdiction and be told what happens next.
When an issue cuts across several
ministries or agencies, someone should be able to tell him which door to knock
on first.
Not every complaint is justified, and not
every request can be granted. Confidentiality may limit what can be shared. A
clear account of the process still goes a long way.
Then there is the human cost. Years of
litigation can consume savings, time, health and peace of mind, even where
every step was lawful.
Many are left wondering whether seeking
redress was worth the sacrifice. For some, the heaviest burden is not knowing
when, or how, it will end.
Making Justice More Accessible
Brunei is not starting from nothing. The
Judiciary publishes guidance and forms for litigants in person, and offers
court mediation in suitable civil disputes.
It has also reported improvements to Small
Claims Tribunal procedures and continuing work to strengthen mediation. These
are foundations worth building on.
The Judiciary reported that the
Magistrates’ Courts achieved a civil case clearance rate of 100 per cent in
2024, compared with 83 per cent in 2023.
It was a notable improvement in case
management. But clearing cases efficiently is not the same as making the legal
process affordable and understandable.
So what would make a difference before a
citizen reaches the courtroom?
An independent legal help desk, supported
by a Law Society pro bono roster, could give eligible
litigants preliminary
legal guidance without asking court staff to abandon their impartial role.
Public bodies and regulators could also
publish clear complaint-response standards. Acknowledging a letter, naming a
contact and explaining where to go next should not feel like favours.
And why not offer plain-language guides in
Malay and English, backed by community sessions across the districts? People
should learn about mediation and their legal options before a dispute becomes a
courtroom battle.
None of this would decide a case in
anyone's favour. But before citizens spend years in court, and perhaps their
savings, they deserve to know what they are getting into.
That matters to more than litigants. A
small business waiting for payment, a family in dispute or a professional
defending a contract all need a system they can understand and use.
Justice Must Be Within Reach
The strength of a legal system is not
measured only by the sophistication of its laws or the authority of its courts.
It is also measured by the experience of those who must use it.
Brunei’s aspirations under Wawasan Brunei
2035 include a high quality of life and a dynamic, sustainable economy. Both
depend, in part, on effective governance, public confidence and an environment
where citizens and businesses can understand and exercise their legal rights.
Justice does not mean everyone wins. It
means everyone is fairly heard, with every decision resting on law and
evidence.
That promise must hold beyond the pages of
a statute book. For the ordinary citizen, the hardest part may not be the
courtroom, but the long, costly and confusing road to reach it.
Justice must never become a privilege
understood only by those who can afford to have it explained.
For a nation guided by adil dan ihsan,
making justice understandable and within reach is no mere matter of legal
services.
It is part of the amanah of good
governance.
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