PUTRAJAYA: The Evidence of Child Witness (Amendment) Act 2024 comes into force from Monday (March 3).
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (pic) said the Act, passed in the Dewan Rakyat on July 11 last year, is intended to enhance the protection and rights of child witnesses within the legal system.
"With this amendment, this Act now serves as the primary legislation outlining substantive provisions and procedures relating to the testimony of child witnesses," she said in a statement.
Azalina noted that several related laws have also been amended to ensure consistency, such as the Evidence Act 1950, the Sexual Offences Against Children Act 2017, the Oaths and Affirmations Act 1949, the Security Offences (Special Measures) Act 2012, and the Armed Forces Act 1972.
"With these amendments, the competency of child witnesses to provide testimony in any proceedings related to offences under the Sexual Offences Against Children Act 2017, or any offences listed in the Schedule to the Act where the victim is a child, will now be fully governed under the Evidence of Child Witnesses Act 2007," she said.
Azalina said this includes the conviction of an individual for an offence under the Act based solely on the testimony of a child witness, without corroboration, under the newly introduced provisions.
She affirmed that the government remains committed to upholding the status of child witnesses within the justice system and recognises their crucial role in the administration of justice.
She said this initiative aligns with Malaysia’s international commitments, including under the Convention on the Rights of the Child.
Azalina also noted that the amendments to the Human Rights Commission of Malaysia Act 1999, which came into force on July 10 last year, are concrete evidence of the government’s commitment to the matter.
She highlighted that a key amendment is the introduction of Section 6A, which establishes the positions of a Chief Commissioner for Children and two Commissioners for Children.
She said the Legal Affairs Division of the Prime Minister’s Department is in the process of making suitable appointments to these positions, which is expected to be completed soon.
"These appointments will amplify the voices of children in Malaysia and safeguard their welfare, ensuring they receive the attention they deserve in national policies and governance," she said. – Bernama
