Proposal to make AG Bar Council chairperson 'defies logic'
Malaysian Bar president Steven Thiru said the proposal made by an MP that the attorney-general Mohamed Apandi Ali be made to lead the professional lawyers' group defies logic and is perverse.
The suggestion was made by Silam MP Nasrun Mansor to appoint the AG as Bar Council chairperson.
Thiru said the move shows Nasrun is ignorant of the role of the AG or the president of the Malaysian Bar.
Thiru also said the proposal that the AG be automatically appointed as Malaysian Bar chief is an undisguised attempt to curtail the independence of the Malaysian Bar and would be perceived as a desperate measure to silence the Bar.
“It is irresponsible to misrepresent or distort the Malaysian Bar’s inherent and statutory mandate to uphold the rule of law and justice, and to conveniently misconstrue it as political posturing. This is obviously borne out of a misunderstanding of the role and objectives of the Malaysian Bar, particularly under the Legal Profession Act 1976.
“The Malaysian Bar will resolutely and vigorously oppose and reject any attempt at interference with its independence. It also beggars belief that right-thinking members of the public would accept or condone this misguided proposal,” Thiru said in a statement.
He emphasised the importance of having an independent Bar which promotes and upholds the rule of law without fear or favour and that should be showcased as a laudable feature of a modern democratic society.
“It would be regressive to undermine the Bar, and it would also be abhorrent to render the Bar subservient to the executive arm of the government.
“The suggestion to have the AG automatically appointed as Malaysian Bar president defies logic. In our system, the AG is appointed by the government, and is responsible for the public sector lawyers.”
He said the proposal to fuse the two positions was without basis, and therefore perverse.
The International Commission of Jurists also said the Malaysian government should reject the proposal as the Malaysian Bar must remain independent. This is also in line with international standards on the independence of lawyers and governments should not interfere with the work of professional associations.
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