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Changes to Legal Profession Act not to control Bar Council, says AG
Published:  Jul 3, 2016 2:48 PM
Updated: 9:44 AM

The government decided to appoint two government representatives to sit in the Bar Council to ensure good relationships, said Attorney-General (AG) Mohamad Apandi Ali.

It plans to do this via amendments to the Legal Profession Act 1976.

He brushed off allegations by legal experts, including the Bar Council, that the amendments were to control the body, which is seen as a major critic of the government.

"One of the purposes outlined in the Section 42(1)(I) of the Act, was for the Malaysian Bar to develop good relationships, and promote social interaction among the members, as well as between the members and those involved in the administration of the judiciary in Malaysia," he stressed in an article he wrote in Berita Harian today.

He pointed out the relationships were not maintained among the members, as well as between Bar members and the government.

"To ensure good relationships between the government and (Bar) members, the government decided to grant the minister in charge of legal affairs the power to appoint two representatives to the Bar Council.

"This amendment is not meant to restrict the independence of Bar Council nor prevent it from continuing to criticise the government."

The two government representatives will not be eligible to contest positions as office bearers in the Bar Council, namely as president, vice-president, secretary or treasurer.

The amendment was to make Bar Council a more transparent and democratic body, stressed Apandi.

"As attorney-general, I agree with the decision. I was an office bearer in Bar Council for seven years, I fully understood how it operates.

"The government has no intention to control the operation of Bar Council, but it is much more open to criticism," he added.

Malaysian Bar president Steven Thiru had warned of a severe threat against the independence of the Bar as Putrajaya plans drastic changes to the Act.

Other proposed amendments included the quorum needed for a general meeting to be increased from 500 members to 4,000 members or 25 percent of the Malaysian Bar's 17,000 membership, whichever is lower.

Apandi also argued that Bar Council has been seen to be lacking in its representation.

"Thus, I wasn't surprised when I was told that Bar Council conducted some of its affairs secretly, where some members were in the dark on certain matters," he said.

He also noted the government had decided to abolish the questionable postal votes, which allowed the members to choose 12 Bar Council members.

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