Most Read
Most Commented
Read more like this
mk-logo
From Our Readers
Self-regulation is a cornerstone of an independent M'sian Bar

LETTER | The Malaysian Bar in principle believes that in order to make good law, it is vital that the government consult with the relevant stakeholders.

Such consultations should be conducted in a focused and targeted manner and include the full range of individuals, organisations, communities, businesses and any other parties that are affected; and consider whether representative groups exist.

The Malaysian Bar was informed by the Minister in the Prime Minister’s Department Azalina Othman Said that the government will conduct a “public online consultation” on the proposed amendments to the Legal Profession Act 1976 (LPA).

By way of background, the Bar Council had been notified by the Attorney General’s Chambers in 2016 that the government intends to pursue amendments to the LPA. In our view, the proposed amendments are drastic and pose a serious threat to the independence of the Malaysian Bar.

In mid-2017, the government set up a special committee chaired by Azalina to develop a holistic blueprint for the legal profession in Malaysia and to prepare proposed comprehensive amendments to the LPA.

This special committee is reviewing a wide range of proposed amendments to the LPA. Some of the proposed amendments — the introduction of the Common Bar Course for example — affect members of the public as well as members of the Malaysian Bar and, on those matters, public consultation is important.

However, there are also proposed amendments to the LPA that apply to and affect only members of the Malaysian Bar — for example, the far-reaching changes being proposed to the internal management of the Bar Council and its election processes.

Only members of the Malaysian Bar should be permitted to participate in the decision-making processes on such matters as they are the sole relevant stakeholders. External parties must not be permitted to interfere with, or impede, the internal management and self-regulation of the Bar in any way, including via public online consultation as informed to us by the minister.

It would be unacceptable for the government to allow non-members of any professional body or membership organisation to determine that entity’s internal management processes.

Principle 24 of the UN Basic Principles on the Role of Lawyers, states as follows:

Lawyers should be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.

The Malaysian Bar is an independent Bar. We are resolute in our view that an autonomous Bar is critical to the independence of all lawyers in the discharge of their functions, and to the rule of law. There must be no interference with the internal management and self-regulation of the Malaysian Bar or curtailment of its independence.

It is our hope that consultation in the law-making process is extended to all relevant stakeholders in respect of all Bills, and not confined to selected proposed legislation.


The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

ADS