Section 2 of the Government Proceedings Act 1956 provides that the word “order” includes “a judgment, decree, rule, award or declaration.”
1. Nothing in order 45 to 52 of the Rules of Court 2012 (“ROC”) shall apply in respect of any order against the Government. (Order 73 rule 12 ROC)
2. Based on s.33(1) of the Government Proceedings Act 1956, an applicant can apply for an order to the court a certificate be issued for the payment of the judgment sum.
3. If there is no stay applied by the Government, the court can issue the certificate. A copy of the certificate issued may be served upon the advocate for the Government or for the Government department or officer concerned. (Adong Kuwau & Ors v Kerajaan Negeri Johor & Anor [1997] 3 CLJ 885).
4. An order of committal does not lie against the government although the government is under a duty to comply with orders of the court and government department or a minister acting in his official capacity may be found to be in contempt. (340.048 & 340.073, Halsbury’s Laws of Malaysia 2014 Reissue)
