Bar becoming a mere rubber stamp
K Kabilan's write-up Enter Law Academy, exit Malaysian Bar? of the governments proposed Law Academy which de facto law minister Dr Rais Yatim concluded would be set up by the end of the year gives a fair idea of how it may be yet another mechanism to subvert the independence of the Malaysia Bar.
The view
of Dr Shad Faruqi that the academy would spearhead ideas of law reform is not reason enough to support the establishment of the academy.We already have the attorney-general and Suhakam tasked with law reform. Rais came up with another idea of setting up a law reform body recently where apparently consultation with the public would be available. I believe this statement is mere window dressing.
The fact that more bodies are set up does not mean transparency of processes. Just look at the proposed amendments to the election laws. Are views of the voting public actually relevant to the government who is sponsoring the Bill?
At the Bar annual general meeting last Saturday, Council admits that it does not know about the provisions of the law which will set up the academy. Its 'tea sessions' with Rais Yatim have not been fruitful. The more-than-10,000-strong Bar is left in the dark about this law.
The Bar's independence was already compromised in the 1978 amendments to the Legal Profession Act, 1976 in Section 46A by disqualifying certain members from holding office. The amendments came after a Bar challenge to the Emergency (Security Cases) Amendment Regulations or Escar. The Bar was not consulted over these amendments as well.
Unless Council and Bar members take a more interested stand in these matters and demand that their views are considered, I fear nothing will be left of the Bar save a rubber stamp for the government in power.


Are you sure you want to delete this comment?
This action cannot be undone.