theSun | MONDAY MARCH 16 2009
speak up!
Bar duty-bound
to uphold justice
Comment
by Param Cumaraswamy
DATUK Mukhriz Mahathir’s question in the
Dewan Rakyat on whether the government
would amend the Legal Profession Act 1976
(LPA) to limit the jurisdiction of the Malaysian
Bar to stop it from interfering in government
business (theSun, March 13) is reminiscent of
the dark days of the eighties.
In 1981 when the Bar protested over the
amendments to the Societies Act including
a march to Parliament House the govern-
ment took the Bar Council to task. The then
home affairs minister, was reported to have
said that the legal profession should decide
whether it should remain as law interpreters
or lawmakers.
One of the purposes of the Malaysian Bar
provided in the LPA then was:
“to advise the Government and the Courts
where necessary in matters affecting legislation
and the administration and practice of the
law in Malaysia.”
In 1983 in response to the protest of the
Bar over the amendment to the Societies Act
and other proposed legislation that particular
purpose of the Bar was amended which now
reads:
“Where requested so to do, to express
its view on matters affecting legislation and
the administration and practice of the law in
Malaysia”. (writer’s emphasis)
The thinking of our political masters
then was politics and lawmaking were their
domain to the exclusion of all others. They
justified this on the grounds that they were
the elected representatives and therefore they
knew what was best for the electorate.
The role of the legal profession must nec-
essarily be wider than the traditional role of
its members advising clients on legal matters
and advocating their causes in the court. It
will not only be a betrayal of society but a
betrayal of the profession itself if the legal
profession adopts a passive traditional role
in society. Which other profession or section
in the society that has the skill and under-
standing of the intricacies and niceties of the
law and the constitution than the lawyers?
In presenting legislation before Parliament
politicians, being what they are, very often
fail to realise and appreciate the implications
letters
letters@thesundaily.com
Put a stop to doubtful MCs
THE article “MCs being abused, said MMA presi-
dent” (March 13) caught my eye.
The abuse of medical certificates (MCs) is
not a new issue and has been brought up by
my lecturing colleagues during our meetings.
They claim that students tend to produce MCs to
excuse themselves from lectures or tutorials.
It has been noticed that most students submit
MCs from the same clinic and they even have the
courage to tell the school’s administrative execu-
tive officer that MCs can be bought for RM5.
There is nothing we can do as there is no
concrete evidence to prove the wrongdoings of
these irresponsible doctors.
Raise tax relief for education
IN ANNOUNCING the mini-budget, Finance
Minister Datuk Seri Najib Razak announced that
the government was taking the opportunity to
encourage Malaysians to pursue Master and
PhD courses and there were available grants
for Master and PhD students.
Under the Income Tax Act 1967, the personal
relief for resident individuals for education is
restricted to RM5,000 a year and it has not been
increased since 2001. The relief comes to about
RM416.67 per month.
17
and far reaching effects of their proposals.
Even if they realise they are more concerned
with the political exigencies of the situation.
In the course, they are prepared to sacrifice
well-settled principles for short-term political
gains. Would not the profession fail in its duty
to society if it fails to alert the people of the
obnoxious features of such legislation?
The Malaysian Bar collectively is duty-
bound to uphold the cause of justice without
regard to its own interest or that of its mem-
bers, uninfluenced by fear or favour. This is
expressly provided for as its first purpose in
S.42 of the LPA. Cause of justice includes the
promotion and protection of human rights
and fundamental liberties as provided in
the UN Basic Principles on Role of Lawyers
and the Vienna Declaration 1993 to which
Malaysia too subscribed. These international
instruments also provide for the legal profes-
sion’s right to take part in public discussions
on matters concerning the law, administra-
tion of justice and promotion and protection
of human rights. Indeed, the profession has a
responsibility to educate the public about the
principles of the rule of law, their rights and
responsibilities in society and the available
remedies, importance of the independence of
the judiciary and when that independence is
threatened to go to its defence.
In this day and time when greater trans-
parency and accountability are expected
from all public institutions, including the
legislature and its members, and with the
advent of advanced information technology
Mukhriz would be well advised to come out
of the shell of the dark days of the eighties
and be prepared to meet and respond to the
enlightened and discerning rakyat.
Minister in the Prime Minister’s Depart-
ment Datuk Seri Nazri Abdul Aziz, too, is
reminded that the government he represents
is a government of the rakyat, by the rakyat
and for the rakyat. The government should,
therefore, take the rakyat into its confidence
and make public proposed bills before pre-
senting it in the Dewan Rakyat. Let there be a
robust public debate on proposed legislation.
That is what democracy is all about.
Datuk Param Cumaraswamy is former UN
Special Rapporteur on the Independence of
Judges and Lawyers. Comments: letters@
thesundaily.com.
The president of Malaysian Medical Associa-
tion (MMA), Dr Khoo Kah Lin, has pinpointed the
issues concerning the abuse of MCs, but unfor-
tunately, no constructive suggestions were given
to counter the problem.
The MMA, the Health Ministry or even the
Higher Education Ministry should discuss this
problem and come out with some measures
to counter the problem. We should discipline
doctors who issue medical certificates for
doubtful reasons.
Ng Miew Luan
Via email
Moreover, the consumer price index and
gross domestic product have been growing
regularly for the past eight years and the
increase in tuition fees is much higher than our
expectations.
I appeal to the government to take this into
consideration and increase the tax relief for
education.
Lee Andrew Hs
Via email