The Bar Council gave its backing to the young lawyers' efforts to lobby for the removal of section 46A of the Legal Profession Act 1976 (LPA) which disqualifies members below seven years of experience from being elected as council members.

Kuala Lumpur Bar committee chairperson K Ragunath said that the council was in favour of the campaign and believed that it - with the support and participation of fellow lawyers - will succeed.

"This support is not restricted to the first limb of section 46A (which disqualifies lawyers below seven years standing from being a council member) but the section as a whole," he said at the launch of the campaign at the Bar Council building in Kuala Lumpur this afternoon attended by 100 people.

Section 46A of the LPA also bans those in the Bar who are members of parliament, state assembly representatives, and office-bearers in trades union and political parties from holding leadership posts in the Bar Council.

However, some senior lawyers have expressed their fear that the Bar Council may be inundated by inexperienced lawyers with political agenda in the event Section 46A is dropped from Act.

The LPA controls the activities of lawyers and regulates the Bar Council, the 36-member body which manages the affairs and executes the functions of the Malaysian Bar.

Section 46A was included in the LPA in 1976 when it was amended by Parliament. This created a furore among lawyers, who claimed even then that section 46A violated the freedom of association as provided in the federal constitution.

Concerted effort

Ragunath said he was pleased that a concerted effort has finally been made to create awareness on the unfairness of the legal provision.

"Since the first resolution condemning section 46A was made in 1976, there had been weak-hearted efforts made to raise the issue. When I was a young lawyer in 1985, I tried to raise the issue but there was little response," he said.

"Now, I hope we will able to make more people aware of the issue and the danger it posed to the legal profession and the society at large."

Former Bar Council chairperson Sulaiman Abdullah advised young lawyers to continue the campaign until their goal to repeal the legal provision is achieved and hoped that they will not be deterred by their seniors who does not support the issue.

He said the young lawyers who now formed 75 percent of the 10,500 Malaysian Bar members, should capitalise on the strong unity they now have and influence their colleagues and members of the public the importance of the issue.

"Don't be bothered with those senior lawyers who oppose you. It is typical of senior lawyers... they will object to anything you want to do. They will tell you that you are doing the wrong thing. This is utter rubbish!" he said.

"You have done something that we have failed to so. We tend to carried away with other things that we neglect such fundamental issue. God help us, we rarely do things that rock the boat. So don't pay attention to the bunch of losers. They can do nothing to you," he said.

He warned them that they may be facing difficulties in realising their goal but hoped that this will not weaken their spirit.

"Just because you keep losing does not mean that we have to stop fighting. If we continue to shout, cajoled and impress that there is a real danger in this law - which was made in bad faith and targeted to struck us down - sooner or later it will attract attention," he added.

Sulaiman believed that coupled with the public's desire for transparency, justice and accountability, their campaign will make way for positive change.

Designed to muzzle Bar

Speaking on the same issue, national young lawyers committee chairperson Moganambal said his colleagues will no longer be keeping mum on the legislation which was clearly designed to muzzle the Bar and relinquish its independence.

"They have been successful in muzzling us. They achieved it by applying the British concept of divide and rule - dividing us between seniors and juniors - denying us our constitutional right of equality and violating our right to association," he said.

She said just because the senior lawyers have become "accustomed" to section 46A, it does not mean that the unfair law can continue.

"Should an acceptance to an unjust law make it acceptable to all of us here? The majority of the Bar members are young lawyers. This law effectively deprives the majority to vote for a leader of your choice," she said.

"The 25 percent gets to rule the 75 percent. Is this fair? The law totally denies us from any representation at the council level," she said.

She said it is time for both senior and young lawyers to be united and the only way to make it happen is to repeal section 46A.

Free choice

KL Bar young lawyer committee member Edmund Bon said their effort in running the campaign is merely to create a level-playing field for all lawyers.

"Who is to say the not-young lawyers are better or more qualified then young lawyers to lead the Bar? It certainly must be the members of the Bar themselves, not the government. There should not be any law that can tell us who to vote and who not to vote," he said,

"Let us not give what the government-muzzler wants. Let us not be divided. Division and polarisation of the Bar is what the opponents of the Bar want to happen. Let us come together and fight the good fight."

As to the fear of the influence of politicians in the event the provision is removed, Bon said lawyers should be able to accept and respect the rule of democracy.

"Some said that Umno politicians may come in and run the Bar for their own interest. I say then so be it if that is the Bar wants. What is wrong with Umno politicians anyway, unless they propound unfair, illegal and unconstitutional theories and practices?" he said.

"The choice of who the Malaysian Bar wants to be elected should be a free choice given to all."