Source: Malaysian Bar
Political Intimidation of the Malaysian Bar Has No Place under the Rule of Law
The Malaysian Bar is outraged by statements reportedly made on 23 and 24 October 2016 by the Minister in the Prime Minister’s Department, Datuk Abdul Rahman Dahlan (“Minister”), that the Government is looking at blacklisting companies that support the pro-democracy movement BERSIH.[1]
The Minister is further reported to have said that “[w]e will also (blacklist) the law firms [who have contracts with government-linked companies, who support BERSIH].… I urge government-linked companies not to directly engage the services of these law firms”, and that the Government “would also look at lawyers who are involved in the movement”.[2]
The comments attributed to the Minister are shocking, and are a manifestation of a further decline in the level of understanding of the rule of law. To advocate that law firms and Members of the Bar be punished for professing and practising the principle of the independence of the legal profession is to hold the legal profession to ransom and to blatantly disregard the rule of law.
The action proposed by the Minister is clearly unconstitutional, as it reeks of prejudice and would contravene the protection against discrimination set out in Article 8 of the Federal Constitution. In addition, Article 5 protects the right to life, which includes the right to a livelihood. Any attempt to victimise lawyers or law firms would impinge upon this fundamental right. Read more