To those who favour affirming section 46A (in the Legal Profession Act which bars lawyers who have below seven years' experience from holding posts in the Bar Council), my response to them is as follows:

By affirming 46A:

a) You are depriving 75 percent of the members of the Bar of their right to vote anyone they choose into the Bar Council;

b) You are depriving 75 percent of the members of the Bar representation in the Bar Council committees;

c) You are telling 75 percent of the members who they can vote in any Bar Council election;

d) You are telling 75 percent of the members of the Bar who they cannot vote in any election;

e) You are presuming that members over seven years are capable of running the Bar Council; and

f) You are presuming that members under seven years are not capable of contributing to the Bar Council.

Right to choose

The right to vote any member we choose is a right which was vested in us the minute we were called to the Bar as members. That right should not be fettered with a host of provisos, including the one that the candidate of choice must have more than seven years in practice. How can a committee of an organisation represent the interests of its members when at least 75 percent of its members are automatically disqualified from being elected.

Independence

Furthermore, the Malaysian Bar has always prided itself on its independence. Well, how can we be independent if we can allow other people to decide for us who we can or cannot vote. By affirming section 46A, we are compromising the very values which we members of the Bar pride ourselves in having.

Self-governing

It may be that experience at the Bar may make a particular candidate more suitable to represent the interests of the Bar and the interest of the public. It may also be true that members under seven years do not have the sort of experience in practice that may be required to lead the Bar Council. But these are considerations which we members of the Bar should have in mind when we decide to vote for any particular candidate. It is for us to choose who we want to lead us and not for outsiders to determine who we can or cannot vote for. If anything, it is for us to come up with the right safeguards to ensure that our members can make an informed decision as to who is the best candidate to lead us and not for outsiders to do so for us.

Little faith

For those who think that members of the Bar need to be forced not to vote for anyone of less than seven years, you lack faith. You lack the faith in our members to do the right thing and vote for the best possible candidate. You lack the faith in a group of people that have come together time and time again in defence of what is right and just. You lack faith in people under seven years who can rise to the occasion.

Just because you think you are incapable of leading the Bar Council before your seven years is up or when you were under seven years, does not mean that others are not able to. Just because you think that you are incapable to choose a candidate with good sense whether under or above seven years, does not mean that others are not able to. Just because you have little faith does not mean that others should have little faith.