Alternate Bar?

The Sun Daily (Used by permission)
by Pauline Wong

PETALING JAYA (May 13, 2012): Is the Malaysian Bar facing an attempt to undermine its position as the voice of the legal profession?

Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said on Saturday that the government agrees to the setting up of an alternate organisation for the legal profession.

Commenting on a the frustrations of some lawyers disgruntled with the Bar Council, he said a new organisation such a legal academy could be formed to represent the profession, welfare and legal interests of lawyers.

Nazri had claimed that the Malaysian Bar does not represent the majority voice of the lawyers, as even the election of the Bar Council was monopolised by a small group. “It has 20,000 members but only 1,270 attended the EGM on Friday,” he said.

However, Bar Council president Lim Chee Wee said the Malaysian Bar cannot be dissolved because it is established under the Legal Profession Act.

He said if there was any dissatisfaction with the leadership, members can propose motions of no-confidence against the council members.

A disgruntled member, Abdul Bakar Sidek, had called the council “stupid” and accused it of being a tool of the Opposition.

Abdul Bakar had verbally attacked the Bar Council after it held an extraordinary general meeting (EGM) on Friday and passed a resolution condemning the heavy-handedness of police during the Bersih 3.0 rally on April 28.

“I am ashamed to be a member of the Bar; I wish I had an alternative,” Abdul Bakar had reportedly said.

Nazri said he was not surprised there were Malaysian Bar members who were unhappy with the body.

“I have said before that if the Bar Council wants to be involved in politics, please register as a political party,” he added.

Lim said there had been past attempts to “dilute the independence of the Bar” through the establishment of an alternate body.

In 2002, the government had tabled the Malaysian Academy of Law Bill 2002 which had sought to establish a Malaysian Academy of Law to, among others, perform duties which overlap with the functions of the Bar Council.

However, after it was tabled in June 2002, the bill was delayed to September 2002 and subsequently dropped altogether.

“The minister in charge of law then agreed with the position of the Bar,” said Lim, adding however that lawyers can set up an association of lawyers or legal practitioners such as the Malaysian Muslim Lawyers Association and the Catholic Lawyers Society.

“However, only the Bar Council is empowered under the Act to set the standards, regulate and issue practising certificates,” Lim stressed.

Lim also addressed criticisms that the council had failed to be an unbiased and independent body, as its final report on the Bersih 3.0 rally was deemed as “one-sided” and sympathetic towards the rally organisers.

The rally, which saw tens of thousands of people taking to the streets for clean and fair elections, was initially planned as a peaceful sit-in at Dataran Merdeka.