Editor's note: The article has been amended to state that the surety in the case represented by Azira Aziz received the reimbursement the same day through e-Jamin.

Some 50 lawyers have signed a memorandum petitioning the Prime Minister’s Department against the court’s sudden decision to cancel the e-Jamin electronic bail management system.

This is after the Malaysian Bar in its circular this week announced the e-Jamin system will no longer be in use starting May 20.

On that day, the digital system introduced four years ago will be replaced by its manual predecessor, which the lawyers said was fraught with inefficiencies.

“It is our view that cancelling a system after only four years is a regressive move which has the potential to burden the public,” they said.

One of the key issues with the manual system, they said, is that bail paid by the accused can only be returned within seven days, while with e-Jamin the sum can be returned immediately after the conclusion of the case.

This means in cases where defendants are sentenced to a fine, they can access the sum paid for bail to pay the fine imposed on them on the same day.

Further, they said, the manual system would make posting bail more cumbersome and inefficient and could lead to the accused being remanded unnecessarily while the process is cleared.

In their petition, the lawyers also noted that there was no reason given for the cancellation of e-Jamin, or when it would be replaced with another electronic system.

‘More ways to punish the poor’

Lawyer Azira Aziz said the manual system would unfairly impact the poor.

Sharing an example on X, she said her client's surety was able to receive the reimbursement on the same day through the e-Jamin system but the surety would have had to wait seven days if the case was resolved just four days later.

The bail office at the Kuala Lumpur court complex on Jalan Duta.

Azira had acted as counsel in this case through the National Legal Aid Foundation (YBGK).

“In a scenario where the family is dirt poor, as YBGK clients often are, and needs to use the returned surety money to pay a fine as they have no other money or savings, the convicted person would be unable to do so on the same day.

“So many ways we punish people for being poor,” she wrote on X.

Demanding an explanation, the lawyers also urged for e-Jamin to remain in place until a suitable alternative is found.

“Alternatively, steps like extending the bail processing period by an hour or two, and increasing the number of staff assigned to process bail should be taken to ensure the manual bail processing system is carried out smoothly and swiftly,” they said in their memorandum, submitted to the PMD today.

Dapat Vista (M) Sdn Bhd, a subsidiary of listed firm Pertama Digital Bhd, operates e-Jamin.

In a filing to Bursa Malaysia, Pertama Digital said on April 30, Dapat Vista received a directive from the Chief Registrar of the Federal Court to cease e-Jamin operations after May 19 and transfer all funds and accrued interests to the PMD.

However, Dapat Vista is “working towards obtaining the approval from the relevant regulatory authorities to continue providing services via e-Jamin moving forward”.

The e-Jamin system is a money-maker for Pertama Digital and was attributed as the primary factor for the firm’s return to the black in the fourth quarter ended Dec 31, 2023, after a streak of losses, The Edge reported.

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