The Bar Council today submitted a memorandum seeking the abolition of section 46A of the Legal Profession Act 1976 which bars politicians and young lawyers from holding posts in the council.

The document was handed to Minister in the Prime Minister's Department, Mohd Nazri Abdul Aziz, at a meeting room in Parliament House this afternoon.

This was followed by a 40-minute discussion at which DAP parliamentarians Lim Kit Siang and Kula Segaran were also present.

Council chairperson Yeoh Yang Poh, who described the meeting as "very positive", said the memorandum was submitted to follow up on Nazri's backing on April 12 for calls by opposition parliamentarians to repeal the provision.

Yeoh was accompanied by vice-president Ambiga Sreenevasan, secretary Ragunath Kesavan and Amer Hamzah Arshad, Edmund Bon and Will Fung, who represented young lawyers.

"I am very happy with the outcome of the meeting as the minister has agreed with the council's views that the entire section 46A should be repealed. It was meeting of the minds and I hope that there will be more such meetings in the future involving the Bar," he said when contacted.

Reasonable time

"Based on the discussions, we foresee that the repeal of section 46A can be done quite smoothly."

He also said meetings may be held with de facto Law Minister Sheikh Radzi Sheikh Ahmad and Attorney-General Abdul Gani Patail to ensure that repeal of the provision materialises.

While Nazri did not state a timeframe for this, Yeoh expressed hope that this could be achieved within a reasonable time.

"At a press conference after the meeting, the minister said that due (parliamentary) process must take its course. But the Bar hopes that this will be reasonable..maybe within a few months to a year," he said.

Section 46A has been a thorn in the side of young lawyers - who form almost two-thirds of the Bar membership - who have long wanted to be represented in the governing process.

In 2003, young lawyers launched a nationwide campaign calling for the abolition of the provision and their efforts were subsequently endorsed by the council.

The provision has also effectively shut out lawyers who are parliamentarians, state assembly representatives and trade union office bearers from holding office in the council.

Complete agreement

Amer described the meeting as the culmination of all efforts and the campaign over the last two years.

"I would also say that the meeting was a success because the minister's sentiment that section 46A was outdated was echoed by the opposition representatives. The government, the opposition and the Bar are in complete agreement on that issue. To me this is an excellent development."

In the memorandum, the council explained that the Malaysian Bar has a membership of about 11,800 of whom more than 60 percent are young lawyers.

It also said section 46A renders the constitutional right to quality and the right of association "ineffective or illusory".

"Apart from the issue of constitutionality of the provision, S46A is arbitrary and unreasonable, If lawyers of less than seven years standing can handle life and death cases and transactions involving millions of ringgit, there is no reason whatsoever to deny them their basic right to contest in leadership positions in the council and committees. Similarly with those who hold office in political partes," it said.

It added that the provision is a serious encroachment into the right of each member to vote into the council the candidates of their choice.