Time to codify contempt of court

In 2020, the Minister of the Prime Minister’s Department, Datuk Takiyuddin Hassan, said the government is considering drafting a special law similar to Singapore’s Administration of Justice (Protection) Act 2016 to handle contempt of court cases.

In Malaysia, the law of contempt operates under constitutional and statutory frameworks while drawing on common law principles. Article 126 of the Federal Constitution explicitly grants the Federal Court, the Court of Appeal, and the High Courts the power to punish for contempt of Court. This constitutional provision is mirrored in Section 13 of the Courts of Judicature Act 1964, which affirms the superior courts’ authority in this domain. For subordinate courts, Section 99A of the Subordinate Courts Act 1948 provides similar powers to punish for contempt.