The Malaysian Bar is the first recipient of the advancement of the rule of law within the legal community award, conferred by the Union International des Avocats (UIA), one of the oldest and foremost of international law organisations.

This was announced by the president of the Malaysian Bar, Steven Thiru, at the International Malaysia Law Conference 2016 in Kuala Lumpur today. He disclosed that UIA made the announcement in a letter dated Sept 19 to the Malaysian Bar.

“With the award, the UIA intends to support and encourage the Malaysian Bar which, since its creation and despite adverse circumstances, has courageously and constantly stood for the core values of the legal profession that the UIA promotes and defends,” said Thiru in reading a portion of the letter received to loud applause from the floor.

He said on behalf of the Malaysian Bar, they were honoured to receive UIA's recognition.

“This is particularly so at this critical time for us. It will serve to further strengthen our resolve, and galvanise us in our efforts to repulse the attempts to interfere with our independence,” said the Malaysian Bar president.

Thiru was referring in particular to the government and the Attorney-General's Chambers' proposal to amend the Legal Profession Act 1976, which he described as “disturbing” and something that the Bar vehemently opposes. The proposals have yet to be tabled.

Thiru said the Malaysian Bar, a self-regulating body under LPA, has been an independent institution for more than 69 years.

“There are currently certain disturbing proposals to amend the LPA 1976. These proposals will radically overhaul the process for the elections of the Bar Council members and office-bearers of the Malaysian Bar, reduce the voting rights of members, impose punitive quorum requirements for general meetings and allow for non-elected government representatives to sit-in.

“The proposed amendments challenge the essential character of the Bar and brings into question the very rationale of an independent legal profession in Malaysia. The proposals are a blatant attempt to curb the active discharge of the functions of the Bar Council, particularly in our societal role,” he said.

Thiru said there are 19 international and national law organisations and civil society groups which are with the Malaysian Bar in opposition to the LPA amendments.

Even former law minister, Nazri Aziz, he added, recently expressed his objection to the proposals.

Late payment on legal aid addressed

Thiru also spoke about the access to justice under the National Legal Aid Foundation (YBGK), a joint enterprise between the government, Bar Council and law societies from Sabah and Sarawak.

He said the YBGK is now faced with delayed payments to the lawyers working under the foundation and this could affect the scheme.

A total of 1,804 lawyers are paid a nominal fee for handling YBGK files, and they have handled 535,986 cases between April 2012 and Dec 2015.

“The delay in payments must be dealt with immediately in the interest of impecunious members of the public who rely on YBGK for their access to justice, and the YBGK lawyers who have already discharged their legal duties.

“The YBGK success story should not and cannot be derailed by financial impediments caused by administrative delays,” he said.

Thiru welcomed attorney-general Mohamed Apandi Ali's reiteration last week of his commitment towards the continued progress of the YBGK scheme and his pledge to resolve the backlog in payments.

He also praised the lawyers for discharging their duties despite the outstanding payments owed to them.

YBGK lawyers, he added, have continued to provide legal services and took more remand cases in the last two years.