updated version The 10,000-strong Malaysian Bar voted unanimously to initiate legal action to challenge the government-proposed Academy of Law at an extraordinary general meeting (EGM) today.

Bar president Mah Weng Kwai said the action challenging the constitutionality of the academy will be filed as soon as the proposed bill is tabled — possibly in the next sitting in June — in Parliament.

"We will challenge the bill immediately and if it cannot be heard before it is passed, we will challenge the act when it is passed. We will challenge the whole act as being unconstitutional," Mah told reporters after the EGM in Kuala Lumpur this morning.

He added that this was the first time the Bar had initiated such a drastic action against an entire proposed law.

A total of 2,078 lawyers attended the EGM, which was called specifically to discuss a resolution on the academy.

Mah added that a task force would be set up to deal with the lawsuit and that a second memorandum on the proposed academy of law would be sent to the government. The first memorandum was sent in August 2001.

"This was the proposal from the floor [to take legal action] and it was unanimously carried and once we have set up this task force we will put it in motion by appointing our constitutional lawyers and their job will be to take it to court," Mah added.

The academy is to be set up to promote and maintain high standards of conduct and learning of its members. It will also function as a forum for the interchange of ideas among its members.

It is also to supplement and enhance legal education in Malaysia and is open to lawyers, legal officers as well as every qualified person who is not a lawyer, including judges and academics.

Mooted by de facto Law Minister and Minister in the Prime Minister's Department Dr Rais Yatim early in 2000, the Law Academy is to be governed by a senate which comprises the Chief Justice, three Federal Court judges, the Attorney-General, the Solicitor-General, the Attorneys-General of Sabah and Sarawak, the Bar president, academics and other high-ranking officials of the legal fraternity.

Compulsory membership

The Bar Council initially supported the proposed academy of law in principle. However, it withdrew its support after the government amended the proposed bill to include provisions which made membership of the academy compulsory for lawyers. The Bar Council said the provision infringes on the freedom of association.

"When we had the first draft of the bill and when we put out our first memorandum, we were saying as a matter of principle we can support the bill provided the purpose is to improve the knowledge base of the lawyers and foster closer ties with other groups of people in the legal circle.

"The memorandum was totally ignored and now with the amendments to the second bill where they make it compulsory [for lawyers to join] we are now saying that we cannot even support it in principle," Mah said.

The Bar Council's second memorandum said the bill usurps the functions and powers of the Malaysian Bar under the Legal Profession Act 1976 (LPA), and ignores the Bar's powers and duty to regulate its own affairs, thereby undermining its independence.

"The Malaysian Bar strongly opposes the passing of the bill and any other legislation amending the LPA in consequence and calls upon the government to engage the Malaysian Bar in meaningful dialogue on the proposed bill.

"The Malaysian Bar also resolves to continue to oppose any move which will have the effect of undermining the independence of the Bar or of hindering it in the performance of its duties and functions in the administration of justice," the Bar said in the memorandum.

Media blitz

Mah said the Malaysian Bar is preparing for a media blitz to garner the support of the public.

"If the Malaysian Bar is going to be muzzled, we want the public to know. This is the first step in the dilution and erosion of the powers of the Malaysian Bar and consequently the LPA.

"We must check the rot before it starts," Mah added.

He said the Bar also disagreed to a provision within the proposed bill that allows the Law Minister to appoint two persons to the academy senate.

"These are clearly political appointees but in Section 46 of the LPA , it is stated that no politicians are allowed in the Bar Council. Yet the government still wants to bring in these appointees into the senate," Mah said.

In a press conference last week, Rais said the government would not be reconsidering its stance on the bill.

"Parliament would be considering the bill in June or July and I don't think that there are areas which should be reconsidered because all parties are adequately represented.

"If the Bar deems it fit to consider it, it is the prerogative of the Bar to have their EGM but the government has its prerogative too," Rais said.