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  ©The
Star (Used by permission)
Putik Lada with Janet Chai Pei Ying
Of the 13,000 ballot papers sent out for the Bar Council’s annual election, only
around 3,500 will be returned with the choice of candidates ticked.
THE general election earlier this year sent tremendous shockwaves throughout the
country. And in the United States, Americans have just voted in their first
African-American President. It goes to show that changes are possible if we
speak up and do our part.
The Malaysian Bar is currently holding its annual election of Bar Council
members under the Legal Profession Act. Ballot papers have been sent to its
approximately 13,000 members.
Twenty-three candidates have been nominated and only 12 candidates with the
highest number of votes will be elected as Council members.
The newly elected members will only assume office after the next annual general
meeting of the Bar in March. They will be joined by 22 other State Bar chairs
and representatives after the State Bars hold their respective AGMs in February.
Out of this 13,000 ballot papers sent, usually and sadly, only around 3,500
ballot papers will be returned with the choice of candidates ticked. The
remaining ones either go into the bin or stay lost among piles of paper lying on
the desks of members, largely due to apathy.
Pursuant to the Legal Profession Act, the Bar Council is established “for the
proper management of the affairs of the Malaysian Bar and for the proper
performance of its (Malaysian Bar) functions under the Act”.
The Malaysian Bar is a body given huge responsibilities under the Legal
Profession Act. Among others, at the top of the list under the Act, its main
purpose is “to uphold the cause of justice without regard to its own interests
or that of its members, uninfluenced by fear or favour”.
Therefore, the role given to the Malaysian Bar has a huge impact on the
development of the country. The Bar Council has 38 committees covering practice
areas such as Conveyancing Practice, Corporate & Commercial Law, Criminal Law
and Islamic Finance, ranging to public interest matters such as Human Rights and
Young Lawyers.
The recent instances of involvement of the Bar were, among others: pressuring
the government on judicial reform through a protest “Walk for Justice”; at the
Royal Commission of Inquiry into the “Lingam” Video Clip; advocating for the
establishment of the Judicial Appointment Commission and lobbying for the
formation of the Independent Police Complaints and Misconduct Commission.
On the commercial front, the Bar Council has been actively involved in working
with the Government on reforms to legislations and practices with aims to
attract foreign investments.
Such activities have a direct effect on the people of Malaysia.
The Bar Council has also been working on, among others, improvements on the
working conditions of, and bread and butter issues in relation to, its members.
To sum up, in addition to its push in ensuring that the country is mature in its
institutional structure, the Bar Council’s involvement extends to the economic
development and prosperity of the country.
In this respect, the Bar Council, being the governing body of the Malaysian Bar,
has the powers to streamline and, if need be, affect the policies of the
country.
It is therefore worrying that only a small portion of the members of the Bar are
paying heed to the Act in ensuring that only the right candidates are voted as
Council Members to directly represent the Malaysian Bar.
First of all, this may result in a Bar Council that may not be reflective of all
its members. Secondly, with this continuing apathy of the majority of its
members, it may eventually lead to perception that the Bar Council is
“controlled” by a minority of its members, and in consequence thereof, policies
and actions implemented or advocated by such Council may be viewed with
suspicion.
Within the Bar, all are in consensus that the rule of law and the Constitution
must be upheld. Drawing from this, it has been continuously advocated within the
Bar that there must be transparency and accountability within the Executive and
therefore checks and balances of the actions of the Executive must be propounded
and maintained by the Legislature and that within the Judiciary, there must be
proper administration of justice in upholding the rule of law and the
Constitution.
 However, it is simply talk without action if one is merely advocating such
principles without playing their part by voting in ensuring the same.
In exercising our right to vote, we should ensure that only candidates with the
right qualities be voted into this important body.
Needless to say, integrity, impartiality and competence are the basic qualities
that each and every elected Council Member must have.
To ensure that our nation progresses and, eventually (hopefully) be ahead of
nations in this globalising world, forward-thinking and open-minded individuals
are needed. Only then, will reforms on better development and progress of the
nation be introduced.
In this regard, I implore each and every member of the Malaysian Bar to consider
the ballot paper and the accompanying particulars of the 23 candidates very
carefully and thoroughly.
The earlier shockwaves felt throughout the country has shown that change is
possible (in this connection, change with regard to the mindset i.e. apathy, of
the Malaysian Bar is possible). It is still too early to say that the change is
definitely good (or bad) for the country.
Be that as it may, it cannot be denied that knowing that change is possible
holds the country in good stead. With this, those in power will know that their
actions are constantly being scrutinised by the voters who will carry out their
role at the ballot boxes/papers.
But first, we must ensure that we do our part in voting for a Bar Council who
will represent our interests, and whom we trust will continue to ensure that
reforms will be implemented in the country by ousting arbitrary and outdated
legislations, proposing reforms that will bring the nation ahead in all aspects.
* The writer is a member of the Bar Council’s National Young Lawyers
Committee (NYLC). Putik Lada, or pepper buds in Malay, captures the spirit and
intention of this column – a platform for young lawyers to articulate their
views and aspirations about the law, justice and a civil society. For more
information about the young lawyers, please visit
www.malaysianbar.org.my/nylc.
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My dear Janet Chai
When I first joined the Malaysian Bar in 2001, I actually appealed for more participation in the election so that our office-bearers will enjoy unquestioned legitimacy.
Although my call proved unsuccessful in turning the tide of apathy, I will still endorse your idealism.
We may be living in a fallen world, but that does not mean that we cannot embrace what Greek philosopher Antisthenes has told us through the mists of time that “We must have richness of soul.”
In this connection, another Greek philosopher Aristophenes has lamented against wilful ignorance which he said is intolerable. “Youth ages, ignorance can be educated and drunkenness sobered, but stupidity lasts forever.”
In my view, it is sheer stupidity for any of my fellow lawyers not to exercise their ballot and then moan and groan when things go awry.
Let us be positive and find the light instead of continuing to curse the darkness.
Stephen Tan Ban Cheng