Lawyers remind govt not to undermine Bar's independence
| Harakahdaily, | 21 June 2012 |
Jun 21: Three major bodies representing lawyers in both East and West Malaysia have come together to express concern over the attempt by the government to establish by statute an Academy of Law, saying the reasons given were highly questionable.
In a statement, the Bar Council Malaysia, Advocates’ Association of Sarawak and Sabah Law Association said the parliament had no business to force by law Malaysians to associate with each other, adding that any society or association should be formed under the Societies Act and not through legislation.
"If there are persons interested in exercising their freedom of association to form an Academy of Law, it is for them to organise themselves under the Societies Act 1966, and not for the Government to undertake unsolicited initiatives to organise them," said the statement.
Citing a reason by minister in the Prime Minister's Department Nazri Aziz that the new academy was aimed at improving the quality of the legal profession, the Bar said such a function would "overlap with, or supplant, the role and activities already performed by the Bar".
"Both the Advocates Association of Sarawak and the Sabah Law Association have active professional development programmes, and all three bar associations regularly cooperate with each other in this responsibility," it added.
They stressed that an independent Bar was an integral feature of the system of government "based on rule of law and not rule by law".
"An independent Bar is the foundation of justice and the last bastion against all forms of injustice.
"Thus, any measure or attempt to diminish the independence of the Bar in Malaysia is tantamount to a frontal assault on the very foundations of the Bar, and necessarily an affront to the rule of law," said the statement.
Last week, Nazri told Dewan Rakyat that the government, unhappy with the Bar's criticisms of government actions pertaining to civil liberties, would go ahead with its proposal to set up a new academy without seeking the approval of the Bar Council.
"Why should there be a necessity for a consultation with the Bar council on other people's rights? The issue does not arise," argued Nazri.
In a statement, the Bar Council Malaysia, Advocates’ Association of Sarawak and Sabah Law Association said the parliament had no business to force by law Malaysians to associate with each other, adding that any society or association should be formed under the Societies Act and not through legislation."If there are persons interested in exercising their freedom of association to form an Academy of Law, it is for them to organise themselves under the Societies Act 1966, and not for the Government to undertake unsolicited initiatives to organise them," said the statement.
Citing a reason by minister in the Prime Minister's Department Nazri Aziz that the new academy was aimed at improving the quality of the legal profession, the Bar said such a function would "overlap with, or supplant, the role and activities already performed by the Bar".
"Both the Advocates Association of Sarawak and the Sabah Law Association have active professional development programmes, and all three bar associations regularly cooperate with each other in this responsibility," it added.
They stressed that an independent Bar was an integral feature of the system of government "based on rule of law and not rule by law".
"An independent Bar is the foundation of justice and the last bastion against all forms of injustice.
"Thus, any measure or attempt to diminish the independence of the Bar in Malaysia is tantamount to a frontal assault on the very foundations of the Bar, and necessarily an affront to the rule of law," said the statement.
Last week, Nazri told Dewan Rakyat that the government, unhappy with the Bar's criticisms of government actions pertaining to civil liberties, would go ahead with its proposal to set up a new academy without seeking the approval of the Bar Council.
"Why should there be a necessity for a consultation with the Bar council on other people's rights? The issue does not arise," argued Nazri.
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