Bersih 2.0 also called upon the people to stand up and safeguard the Bar as a key fortress for democracy. “The proposed amendments to the LPA appear to be an attempt by the government to muzzle the Bar Council, which has spoken up against abuse of power.”
The LPA, it noted, states the functions of the Bar Council include upholding “the cause of justice… uninfluenced by fear or favour” as well as expressing “its view on matters affecting legislation and the administration and practice of the law in Malaysia.”
Bersih 2.0 believes the Bar Council has carried out these functions with conviction and courage and has worked tirelessly to promote democracy, human rights and justice. “The Bar Council has been the most outspoken professional organisation and a key guardian of and advocate for rule of law, judicial independence, and the Constitution.”
The NGO said that it was greatly alarmed by the proposal to have two members of the Malaysian Bar Council appointed by the Federal Government and, elsewhere, changes to the Bar Council’s election processes.
The attack on the Bar Council’s independence was an attack on democracy itself, it continued. “It is unwarranted, unwelcome and wholly unnecessary.”
It called for the doctrine of separation of powers between the executive, legislative and judiciary to be preserved. “The action by the executive to curtail the Bar Council and its independence is a clear violation of this doctrine.”
In the past year, pointed out the statement, the people have already witnessed unprecedented interference in the independence of public institutions, including the Malaysian Anti-Corruption Commission (MACC), Parliamentary Committees and the Attorney-General’s Chambers (AGC).