Little Napoleons and Red Tape: Is Brunei’s Public Service Failing the People?

By DMAO

BANDAR SERI BEGAWAN – Once hailed as the backbone of Brunei’s governance, the country’s public service now faces an unsettling reality: the slow erosion of its founding principles. 

The ideals that once guided civil servants—good governance as a form of worship (Ibadah) and a source of blessings (Berakah) - are fading, leaving a system increasingly detached from its moral and historical foundations. 

At the heart of this concern is the Institut Perkhidmatan Awam (IPA), an institution once dedicated to shaping Brunei’s civil servants with a deep sense of duty and ethics. 

However, those who walk down the halls - where the walls seem to speak - say its purpose feels more ceremonial than transformative. 

The once-prominent messages reminding officers of their role as stewards of the people have been taken down, replaced by an environment that critics argue has become more bureaucratic than service-oriented.

What Happened to ‘Good Governance as Ibadah and Berakah’?

For decades, Brunei’s public service was built on the philosophy of Melayu Islam Beraja (MIB), a governance model that intertwines Malay culture, Islamic teachings, and monarchical authority. 

Civil servants were not just employees of the state; they were caretakers of public trust, guided by ethical governance and spiritual responsibility. 

Yet, insiders and former civil servants now say that this sacred duty has been reduced to routine administrative work. 

“There was a time when we saw our work as part of a larger, divine purpose,” said a retired senior officer. 

“Today, it’s just about processing paperwork.” 

This shift has not gone unnoticed; some officials quietly admit that Brunei’s public service, once revered for its discipline and integrity, is now more focused on hierarchy and red tape than on real service to the people. 

The disconnect between public officers and the community is growing, and with it, trust in the system is eroding.

Where is the Leadership?

Part of the problem, according to governance experts, is a lack of continuity in leadership and training.

The late Sultan Omar Ali Saifuddien III’s Syair – Pelembagaan - a poetic doctrine emphasising inclusive governance and civic duty - was once a cornerstone of training programs. 

Today, it is largely absent from the curriculum. 

“Young civil servants today barely know about Syair Pelembagaan,” says a governance researcher. 

“If they don’t understand the philosophy behind their role, how can they uphold its principles?” 

Another concern is the disengagement of contract officers, consultants, and advisers, many of whom are not rooted in Brunei’s governance traditions.

Critics argue that while expertise is essential, these officials must also be aligned with the nation’s founding values, not just employed for technical skills.

A Mindset Shift: Embracing Ibadah, Berakah, and Adil Laila Bahagia in Governance

The principles of Ibadah (worship through service), Berakah (blessings from ethical governance), and Adil Laila Bahagia (justice that leads to peace and happiness) are deeply embedded in Brunei’s governance philosophy. 

When civil servants internalise these principles, it transforms their mindset, urging them to serve not just as administrators but as custodians of public welfare. 

The phrase “Always in service with the Guidance” reflects this very idea - governance is more than a duty; it is a sacred responsibility. 

Public officers who embrace this philosophy view their work as an act of devotion, fostering greater accountability, commitment, and service excellence. 

However, as this ethos weakens, a bureaucratic mindset takes over, focusing more on process than meaningful impact. 

This mindset must shift toward processes, procedures, and projects - not just paperwork. 

Governance should be about tangible outcomes that improve people’s lives rather than being entangled in excessive documentation and redundant approvals.

Action-Oriented Leadership: The Lost Foundation

In the past, action-oriented leadership was the foundation of public service in Brunei. 

This leadership model was not only about efficiency but was also aligned with Islamic principles and guidance related to Khalifah, Ibadah, and Ummah. 

It was a structured program designed to ensure that public officers not only understood governance but also carried out their duties with purpose and accountability. 

However, over time, this approach has faded, leaving behind a bureaucratic culture that emphasises processes over outcomes.

Adil Laila Bahagia: Justice in Governance

The concept of Adil Laila Bahagia - justice that leads to peace and happiness - underscores the need for fairness in governance. 

Policies and services must be executed with integrity, ensuring equity and well-being for all citizens.

Without justice, governance becomes disconnected from the people it is meant to serve. 

A public servant embracing Adil Laila Bahagia prioritises fairness in policy execution, accessibility of services, and responsiveness to public needs. 

This ensures that governance is not just efficient but also compassionate and balanced, creating harmony within society.

Symbols of Governance: A Reflection of Ibadah and Berakah

Brunei’s national emblem and national anthem, both symbols of governance built on divine guidance, reflect the philosophy of Ibadah and Berakah in leadership. 

The Malay translation of the Arabic phrase inscribed on the emblem, Ad-Dā’imūn al-Muḥsinūn bil-Hudā (Yang Kekal, yang Berbuat Baik, dengan Petunjuk), reinforces the principle of permanence, righteousness, and guidance in governance. 

This inscription is not a mere formality but a reminder that leadership must always be anchored in ethical responsibility, divine direction, and service to the people.

The Bureaucratic Trap: How Little Napoleons are Strangling Public Service

Without strong ethical grounding, bureaucracy is taking over, and in its shadows, a troubling phenomenon has emerged - Little Napoleons. 

These mid-level bureaucrats, empowered by excessive red tape, have found ways to exploit their positions, wielding disproportionate control over decisions, approvals, and processes. 

The system has become increasingly rigid, with more focus on processes than on outcomes that benefit the people.

Is There a Way Back?

Experts say there’s still time to reinvigorate Brunei’s public service, but addressing the Little Napoleons problem is crucial. 

Leadership must enforce clear accountability mechanisms, such as performance reviews, public feedback channels, and direct intervention from senior officers, to rein in those who abuse their roles. 

Without tackling this issue, public service will remain inefficient, benefiting only those who manipulate the system to their advantage. 

Governance thinker John Adair’s Action-Centered Leadership offers an approach that could complement Brunei’s Islamic values. 

Adair’s model - focusing on task, team, and individual leadership - could align well with Brunei’s Khalifah (stewardship), Ummah (community), and Ibadah (service as worship) framework.

A Call for Renewal

Brunei’s governance system has long been a model of stability, but stability without purpose can lead to stagnation.

The nation’s founding governance principles must not be revived - not just for nostalgia but for the survival of a trusted and effective public service. 

The question remains: will those in power take action before it’s too late?

 

No Safety Net: The Harsh Reality of Gig Work in Brunei

By Malai Hassan Othman

No Job? No Benefits? No Safety Net?

As unemployment rises and job vacancies shrink, thousands of Bruneians - including fresh graduates - are turning to the gig economy just to survive. 

They drive, deliver, freelance, and hustle in a system that thrives on flexibility but offers no protections.

No pension. No health coverage. No job security.

Highly skilled professionals are stuck in low-paying, unstable gigs.

Dart drivers, online sellers, wedding photographers - what happens when the work dries up?

While other countries have stepped up to protect gig workers, Brunei remains silent. How long can this shadow workforce survive before the cracks start to show?

Read the full investigation now. 

BANDAR SERI BEGAWAN – Before the sun rises, they check their phones for assignments and set out across Brunei - some on motorcycles delivering meals, others glued to their laptops completing freelance work. 

They are Brunei’s gig workers - a workforce largely invisible, unprotected, and growing.

As unemployment rises and fresh graduates flood the job market with no jobs in sight, many Bruneians are turning to gig work to make ends meet. 

Whether by choice or necessity, they have become part of a shadow economy that keeps the country running but lacks recognition, protection, or financial security.

A Generation Without Guarantees

For 26-year-old Hakim, who graduated two years ago with an engineering degree, the dream of a stable job in a major corporation has faded. 

“I’ve applied to more than 50 jobs. No calls, no interviews. Only rejection emails,” he says. “I can’t sit around and wait.”

Before turning to gig work, Hakim had aspirations of working as an engineer, utilizing his degree to build a stable career. 

However, with limited job opportunities, he now drives for Dart and makes deliveries for GoMamam. 

On a good day, he earns BND 50 to BND 80 - but with fuel, maintenance costs, and commission fees, his take-home pay shrinks significantly. 

“Some days I wonder if it’s worth it,” he says. “But what other choice do we have?”

Hakim is not alone. The youth unemployment rate in Brunei was 9.25% in 2019, with 28.4% of the unemployed being young people. 

A 2023 labor force report estimates that over 82,700 Bruneians are working in the informal economy, a significant portion of whom are gig workers. 

Many are highly educated, struggling to find stable employment in a job market that is not expanding rapidly enough.

A Shift in Work Preferences: Millennials & Gen Z Embrace the Gig Economy

Unlike previous generations, Millennials and Gen Z workers are increasingly drawn to gig work for its flexibility, autonomy, and income potential. 

According to Digital Brunei’s report on the gig economy, young workers prefer multiple income streams over traditional 9-to-5 jobs. 

However, this choice comes with risks - no financial safety net, no structured career progression, and income instability.

At the same time, small businesses and startups in Brunei benefit from gig workers by avoiding long-term hiring commitments. 

Companies like Dotroot and GoMamam rely on freelancers and contract workers to lower operating costs while scaling their businesses. 

This shift means more people are turning to the gig economy but without formal protections or rights.

The Global Market: Bruneian Gig Workers Compete Beyond Borders

While Brunei’s local job market remains limited, gig workers are tapping into global freelancing platforms like Upwork, Fiverr, and Sribuza. 

Many Bruneian digital workers offer services internationally, providing graphic design, content writing, and tech support to clients overseas. 

However, without official recognition as a legitimate workforce, these freelancers struggle to access financial services, business loans, or long-term savings plans.

A Freelancer’s Perspective: The Wedding Photographer’s Struggle

For Zul, a freelance wedding photographer and videographer, the gig economy is both a lifeline and a challenge.

“There are peak seasons when I earn good money—weddings, engagements, big events. But in between, there are long dry spells where I struggle to get clients,” he says.

“Unlike salaried workers, I don’t have a stable income. There’s no pension, no savings plan. Everything depends on me.” 

To manage the financial instability, Zul takes on side jobs in videography, social media content creation, and corporate event photography. 

“I have to diversify my income streams just to survive,” he explains. “I also try to save up from big projects, but without a structured pension plan, I worry about the future.”

Zul also points out the lack of financial support for freelancers, saying, “If I want to upgrade my camera gear, I can’t even apply for a small business loan because I don’t have a fixed income or a registered business.” 

His experience reflects a larger issue in Brunei’s freelance sector, where many workers cannot access financial aid or long-term benefits due to their informal status.

How Other Countries Are Responding

Brunei is not alone in facing this issue. Singapore has announced plans to require gig platforms to contribute to workers' retirement funds by 2024. 

Malaysia has expanded SOCSO protections to gig workers, ensuring they receive injury and health coverage. 

The UK has ruled that gig workers are entitled to minimum wage and paid leave.

While Brunei has yet to introduce comprehensive policies for gig workers, previous discussions around labour market reforms have acknowledged the growing role of freelancing and digital employment. 

However, no concrete policies or protections have been implemented, leaving gig workers in a precarious position.

As the workforce continues to grow, the question is no longer if the government should act but when.

A Call for Change

Many gig workers are not asking for full employment benefits - they know that gig work thrives on flexibility. 

What they do want is basic protections: access to TAP and SCP, health insurance options, and a transparent pay structure that prevents exploitation.

A government official, who requested anonymity, acknowledged the issue, stating, “We recognise that gig workers play an increasing role in Brunei’s economy, and discussions are ongoing on how best to integrate them into the labour protection framework.”

However, no timeline for policy implementation has been set.

“There needs to be a way to make gig work sustainable,” says Hakim. “If this is the future of work, we should not be left behind.”

For now, gig workers continue to hustle, navigating an economy that relies on their labour but fails to acknowledge their worth. 

As more Bruneians enter the gig workforce, the country faces a choice: regulate, protect, and integrate gig workers into the economy - or ignore them until it’s too late. (MHO/02/2025)

 

 

Brunei Seeks Investors to Revive Its Struggling Oil & Gas Sector

"With oil production plummeting by nearly 40% since its peak, Brunei faces a critical energy crossroads. Can its first offshore licensing round in over a decade attract investors, or will aging infrastructure and fiscal barriers push them elsewhere? The world is watching as the Sultanate fights to secure its energy future."

By Malai Hassan Othman

 

BANDAR SERI BEGAWAN, FEBRUARY 2025: Brunei’s offshore energy sector is at a defining crossroads, with crude oil and natural gas accounting for over 60% of government revenue.

 

The sector has seen a steady decline, with crude oil production dropping from 221,000 barrels per day in 2006 to just 73,000 barrels per day by early 2024, raising urgent concerns about the sustainability of the industry.  

 

The first offshore licensing round in over a decade is a pivotal attempt to reverse this trend and reignite investment in the industry.  

 

With hydrocarbon reserves declining and competition from regional players intensifying, the government hopes this move will inject new capital and technological expertise. But will investors take the bait?

 

“Brunei has enormous potential, but its fiscal and regulatory framework needs urgent modernization to stay competitive,” said a Wood Mackenzie energy analyst. 

 

"The government must move quickly to adapt, as investors are increasingly drawn to more favorable energy markets in Southeast Asia." 

 

“Neighboring countries like Malaysia and Indonesia have implemented strategic adjustments to attract investment, and Brunei must do the same to remain relevant in the regional energy market.”

 

While Malaysia and Indonesia have streamlined their fiscal regimes to encourage foreign investment, Brunei’s multi-layered taxation system and complex contract structures remain a significant barrier. 

 

His Majesty Sultan Haji Hassanal Bolkiah has repeatedly emphasised the need for strong leadership, transparency, and modernisation in the oil and gas sector, yet the pace of policy reforms has been slow. 

 

Investors will be closely watching whether the government introduces more attractive incentives, as global exploration companies now have multiple options for investment in the region.

 

Specific data on the proven reserves within Blocks A and D is not publicly available. 

 

These blocks are strategically located offshore Brunei Darussalam, near existing fields such as Ampa, Fairley, Osprey, Champion, Iron Duke, and Maharajalela Jamalulalam. 

The proximity to these established fields suggests potential hydrocarbon presence, but detailed reserve estimates would require exploration and appraisal activities to determine accurately.

 

Shell’s absence from this licensing round raises critical questions about the commercial viability of Blocks A and D. 

 

TotalEnergies’ recent divestment of its Brunei assets to Malaysia’s Hibiscus Petroleum for $259 million further reflects growing concerns among foreign investors about the sector’s stagnating production levels and limited innovation.  

 

Some industry analysts suggest that these blocks may not align with Shell’s stringent return-on-investment (ROI) criteria, prompting the company to focus on other assets.

 

"Operators today have options, and they are looking at jurisdictions that balance profitability with regulatory transparency," noted an industry expert. 

 

"Brunei’s existing fiscal structure must be re-evaluated, or it risks missing out on global exploration capital that is flowing into markets with more investor-friendly terms." 

 

Malaysia and Indonesia have revised their profit-sharing models and tax structures, making their markets far more competitive than Brunei’s. If Brunei does not adapt its fiscal policies, it risks losing out to more attractive investment destinations.

 

Many of Brunei’s offshore facilities were built decades ago, requiring significant maintenance and upgrades. 

 

For potential investors, the question is whether the existing infrastructure is a boon or a burden. 

 

While proximity to operational facilities theoretically lowers costs, the extent of necessary upgrades could make projects costlier than anticipated.

 

Without addressing these fiscal and operational barriers, Brunei risks failing to attract high-caliber bidders. 

 

The International Energy Agency (IEA) stresses that nations reliant on fossil fuels must transition toward cleaner energy sources to maintain long-term economic stability and meet global climate targets. 

 

Brunei’s hesitancy in adopting advanced technologies and sustainable practices has made the sector less competitive compared to regional counterparts. 

 

This could have long-term repercussions on production sustainability and revenue generation, making it imperative for the government to introduce competitive incentives. 

 

Providing fiscal flexibility, reducing bureaucratic hurdles, and engaging with industry stakeholders to tailor contract terms could significantly enhance Brunei’s appeal.

 

A successful licensing round could revitalise Brunei’s economy, bringing new employment opportunities and boosting local businesses. 

 

The oil price recovery in 2024, with average prices climbing to $88.89 per barrel, offers a timely opportunity for Brunei to attract investors and reinvest in its energy infrastructure. 

 

However, industry experts emphasise that attracting investors alone is not enough - modernisation, diversification, and sustainable energy investments are crucial for the sector’s long-term survival. 

 

With increased exploration and production, engineers, geologists, and offshore workers stand to benefit from new job openings, while local vendors in equipment supply, logistics, and support services could see significant growth. 

 

Additionally, expanded training programs for young professionals could strengthen the local talent pool, ensuring Brunei remains competitive in the energy sector.

 

This licensing round represents a pivotal moment for Brunei’s energy future. 

 

While it offers opportunities for economic expansion and energy security, the challenges of fiscal competitiveness and infrastructure readiness cannot be ignored. 

 

The government’s ability to adapt and align policies with global industry trends will ultimately determine whether Brunei strengthens its regional presence or struggles to secure the necessary investments.  (MHO/02/2025)

 

Lessons from the Legal System: Understanding Justice and Fairness in Brunei

By DMAO/MHO

The legal system is crucial in ensuring justice and fairness for all. However, navigating the legal process can be challenging for many, particularly when they encounter delays, procedural rules, and difficulties in obtaining proper legal representation. 

Understanding these challenges can help us all become more aware of our rights and responsibilities.

The Crux of the PPP Ilmu Alim Case

This case underscores the conflict between statutory legal provisions and the fundamental principles of natural justice, especially regarding government procurement contracts. 

While statutory immunity is a recognised legal provision, it raises critical questions about whether procedural barriers should be allowed to override fundamental fairness - a principle upheld in many legal systems, including the UK. 

The right to a fair hearing (audi alteram partem) is a cornerstone of justice, and limiting legal recourse through statutory immunity can be seen as a potential challenge to this principle.

The Court of Appeal in Brunei dismissed PPP Ilmu Alim’s appeal regarding a contract dispute, affirming that the respondents, acting under the Brunei Darussalam Central Bank (BDCB) Orders, were legally immune from claims.

 

The ruling emphasised that statutory immunity protected them from legal proceedings unless bad faith could be substantiated - a procedural requirement that the appellant was unable to meet. 

Additionally, the court found that PPP Ilmu Alim lacked the necessary qualifications under Brunei’s Board of Architects, Professional Engineers, and Quantity Surveyors regulations, further weakening the case.

This case falls under a Government Procurement Contract, which adheres to regulatory frameworks designed to ensure fairness and accountability in contractual dealings. 

Brunei’s transition from Administrative Governance to Legislative Governance has led to policies aimed at balancing legal safeguards with equitable treatment in government contracts. 

Despite these rulings, the fundamental concern remains: Should procedural technicalities and statutory immunity be used to deny legitimate claims for services rendered?

PPP Ilmu Alim provided services under an agreement, but the contract was later questioned and terminated, leaving them without compensation. 

This situation highlights broader concerns about whether procedural barriers and legal immunities are being used to evade financial obligations. 

To put things into perspective, PPP Ilmu Alim entered into a contractual agreement to provide services. 

However, partway through the contract, its validity was questioned, leading to termination. 

Despite fulfilling its obligations, PPP Ilmu Alim sought payment, but AMBD disputed the claim, arguing that no direct contractual obligation existed. AMBD then invoked statutory immunity, preventing any legal action against it. 

This raises concerns about whether statutory immunity and procedural barriers should enable institutions to avoid financial obligations. 

Does the legal system uphold justice when technicalities override fairness? Should institutions be permitted to evade responsibilities through procedural loopholes?

Lesson 1: Ethical Conduct and Fiduciary Responsibilities of Legal Representatives

Legal representatives play a crucial role in ensuring that justice is served fairly. Lawyers and legal advisors have a fiduciary duty to act in their clients' best interests, upholding ethical conduct and professional integrity. 

In the case of PPP Ilmu Alim, proper legal representation could have mitigated some of the procedural setbacks. 

Legal advisors should not only be knowledgeable in the law but also diligent in ensuring that their clients' claims are effectively presented and protected from unnecessary technical dismissals.

What can we learn? 

• Lawyers must act with integrity, diligence, and loyalty to their clients. 

• Legal representatives should ensure procedural compliance while prioritising substantive justice. 

• Ethical conduct must be reinforced through professional accountability measures to prevent legal professionals from neglecting their duties.

Lesson 2: Understanding the Role of Evidence

In many legal cases, decisions are based on the evidence presented in court. If key documents, such as project agreements and proof of services rendered, are not properly considered, it can lead to unjust outcomes. 

In the case of PPP Ilmu Alim, procedural technicalities led to critical evidence being dismissed, raising concerns about whether legal formalities were prioritized over substantive fairness. 

A similar debate on procedural fairness arose in AZ v BY [2023] EWHC 2388 (TCC), where an adjudicator’s reliance on without-prejudice material led to a ruling that violated natural justice. 

The court ruled that the adjudicator’s knowledge of confidential admissions created an appearance of bias, rendering the decision unenforceable.

This case illustrates how procedural fairness is a vital safeguard in legal disputes, ensuring that outcomes are not prejudiced by technical legal maneuvering.

What can we learn? 

• Always keep detailed records of any agreements, complaints, or legal transactions. If you are involved in a legal dispute, ensure you gather all relevant evidence and submit it properly. 

• Understand that courts rely on written proof, not just verbal arguments.

Lesson 3: The Balance Between Rules and Justice

Sometimes, legal cases are decided based on strict procedural rules rather than the fairness of the situation. 

PPP Ilmu Alim’s plea for arbitration, which was provided for in the agreement, was ignored. 

Instead, the case was dismissed on procedural grounds, reinforcing the idea that some legal battles are lost not because the claims lack merit but because they fail to meet every bureaucratic requirement.

What can we learn?

• Be aware of deadlines and legal requirements when filing a case. 

• Seek legal advice early to avoid missing important steps in the process.

• Policymakers and legal professionals should work toward a legal system that prioritises fairness alongside procedural rules.

Lesson 4: The Role of Mediation and Arbitration

Brunei is transitioning from Administrative Governance to Legislative Governance, where laws are being refined to enhance fairness and accessibility while maintaining procedural safeguards. 

This shift focuses on strengthening accountability and transparency in government dealings, particularly in procurement disputes.

 

As governance develops, it is crucial that enabling laws ensure due process and prevent statutory immunities from becoming obstacles to justice.

In many legal disputes, parties seek to resolve issues outside the courtroom through mediation or arbitration, as these methods can lead to fair and timely resolutions.

In the case of PPP Ilmu Alim, there is no publicly available record of responses to formal mediation requests, leaving the appellant with few options but to pursue costly and prolonged litigation.

What can we learn? 

• Mediation and arbitration can be useful tools for resolving disputes more quickly and at a lower cost. 

• If involved in a legal conflict, consider negotiating or seeking alternative dispute resolution before going to court. 

• Authorities and legal professionals should ensure that mediation is accessible and properly considered in disputes.

Lesson 5: Justice and Accountability Under Syariah Law

His Majesty Sultan Haji Hassanal Bolkiah has consistently emphasized in his Titah the need for justice, accountability, and ethical governance in all government dealings, including procurement and contractual obligations. 

These principles align with Syariah law, which mandates fairness in contracts and prohibits unjust enrichment. 

The Quran states: “Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice” (Surah An-Nisa 4:58). 

The Prophet Muhammad (peace be upon him) also stated: “Give the worker his wages before his sweat dries” (Sunan Ibn Majah 2443), reinforcing the obligation to compensate workers fairly and promptly. 

Additionally, he said, “Whoever cheats is not one of us” (Sahih Muslim), emphasizing that integrity in transactions is a core Islamic value.

This reinforces that integrity in transactions is a core Islamic value, and failure to uphold contractual obligations contradicts the principles of fairness and justice. 

The companions of the Prophet upheld these values with unwavering commitment. Caliph Umar ibn Al-Khattab (may Allah be pleased with him) famously said: “If a mule were to stumble in Iraq, I fear that Allah would question me about why I did not pave the road for it” (Musnad Ahmad). 

This statement highlights the principle of leadership accountability and the duty of those in power to uphold justice and fairness in all aspects of governance.

In the UK, courts strive to interpret statutes in a way that respects natural justice, assuming procedural fairness unless explicitly excluded. 

In Brunei, the legal system operates under both Civil and Syariah law, raising the question: how does Brunei ensure that statutory immunity does not override the principles of fairness embedded in Syariah and common law traditions?

As Brunei continues its transition from Administrative Governance to Legislative Governance, enabling laws must safeguard due process and contractual integrity while ensuring that statutory immunity does not obstruct fairness. 

This shift underscores the importance of administering government procurement contracts with transparency, accountability, and adherence to ethical governance - all core tenets of both Syariah and civil legal frameworks.

Key Takeaways From a Syariah Perspective

• Fair compensation is a right - services rendered must be paid for.

• Statutory immunity cannot override justice - institutions must uphold financial obligations.

• Syariah prioritises fairness over technical loopholes - procedural barriers must not be used to escape responsibility.

• Mediation and arbitration are preferred dispute resolution mechanisms—lengthy court battles should be avoided when possible.

By analyzing this case through a Syariah lens, we see how Islamic legal principles emphasize justice, fairness, and accountability, ensuring no institution is above the law.

Conclusion: Striving for a Just and Accessible Legal System

The case of PPP Ilmu Alim is not just about statutory immunity but also whether legal technicalities should take precedence over fairness. 

The principle of natural justice, recognised in global legal systems, emphasises that access to justice and fair treatment should not be obstructed by procedural barriers. 

While statutory law provides the framework for governance, natural justice ensures that individuals are not deprived of fair treatment due to technicalities.

If courts and policymakers fail to balance these principles, there is a risk that laws will serve institutions rather than justice itself. 

Moving forward, it is essential to ensure that Brunei’s evolving governance system integrates procedural safeguards without compromising fairness and accessibility to justice.

Imagine engaging a contractor for a significant renovation project. After the work is completed to satisfaction, the client refuses payment upon discovering the contractor lacks proper licensing. 

This raises the same question posed by cases like PPP Ilmu Alim: Should legal formalities take precedence over substantive fairness?

The Court of Appeal has ruled within the confines of the law, upholding statutory immunity and professional licensing requirements. 

However, this case serves as a wake-up call on whether these laws truly reflect justice or merely protect institutions from financial obligations. 

Ultimately, the legal system must evolve to balance procedure with fairness and immunity with accountability. Laws should serve justice, not create barriers that allow institutions to walk away from obligations.

Disclaimer: This article is intended for educational and public discourse purposes only. It does not seek to challenge or undermine the rulings of the Brunei Court of Appeal or any legal authority.