It appears that the Bar Council's lobby to abolish section 46A of the Legal Profession Act which, among others, bars politicians and lawyers with less than seven years' experience to hold office, has reached a dead end. Or has it?

The reply from Deputy Minister in the Prime Minister's Department M Kayveas in Parliament on March 22 seemed to indicate that all efforts to repel the "discriminatory provision" has summarily failed.

"The government will not abolish section 46A of the Legal Profession Act 1976. The reason the provision was enacted was to ensure that the Bar Council is free from any influence of any political parties and prevent any conflict of interests.

"Freedom from political influence would enable the Bar Council to run as a professional body to uphold and attain the objectives of its establishment as stated in the Legal Profession Act," said Kayveas in response to a question from Karpal Singh (DAP-Bukit Gelugor).

However, Bar Council chairperson Yeo Yang Po that the matter hardly ends there considering the positive feedback from Kayveas' superior, Minister in the Prime Minister's Department and de facto Law Minister Nazri Abdul Aziz.

Yeo cannot be faulted for his view as Nazri, in an open dialogue with the Bar on Feb 22, has expressed open support for the provision to be abolished..

The minister had promised to take up the matter as a priority stating "it was odd that lawyers who are politicians be disallowed to be part of a body which makes that person a lawyer".

He then repeated his support in an exclusive interview with malaysiakini.

Puzzling development

Yeo said it was puzzling how Kayveas could have contradicted Nazri considering that it is the latter who calls the shots.

"Our previous meetings with the minister on the matter received very positive response," he said when contacted.

"The Bar is very clear on this. We hold on to what the minister had said on this issue. He (Nazri) has been very supportive and to date has not indicated that his views has changed."

He said he will not hesitate to seek Nazri's clarification on the matter and planned to do so as soon as possible.

Commenting on Kayveas' statement, Yeo's deputy Ambiga Sreenevasan said that it is the members' rights to decide who they see fit to lead the council.

"We believe that it is a very discriminatory provision. It should be left to the wisdom of the members of the Bar who to elect as their representatives," she said when contacted.

Echoing her sentiment was council member Edmund Bon who urged the deputy minister not to treat lawyers like "schoolchildren".

"He should give credence to members of the Bar to be able to elect wisely. If they think that politicians are not good for the Bar, it will be shown in the votes. We are all mature enough to make the decision," he said

He also said that the parliamentary statement also failed to address the provision in toto.

Any consultation?

"Kayveas merely touched the second limb of the provision which concerns politicians. It however did not address the position of 'young' lawyers which was the main contention of our campaign".

Like Yeoh, he found it strange for the ministry to give contradicting statements.

"I wonder whether there was any consultation made before the statement was issued?" asked Bon.

Section 46A of the LPA bans those in the Bar with less than seven years experience, members of Parliament, state assembly representatives and office-bearers in trade unions and political parties from holding positions in the Bar Council.

The provision was included in the LPA in 1976 when it was amended by Parliament. This created a furore among lawyers, who claimed even then that section 46A violates the freedom of association as provided in the federal constitution

The LPA controls the activities of lawyers and regulates the Bar Council, the 36-member body which manages the affairs and executes the functions of the Malaysian Bar.

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