Why Malaysia's lawyers march in sun or rain, and what to expect today

KUALA LUMPUR, July 14 — Would you brave the hot sun (or rain) and walk while wearing long-sleeved shirts and black jackets, just to defend the independence of the courts?

This afternoon at 2pm, that is exactly what lawyers will be doing in Putrajaya, with plans to peacefully march for 2.6 kilometres from the country’s highest courts at the Palace of Justice to the Prime Minister’s office.

This is a rare moment in the Malaysian Bar’s 78 years of history, as there has been only a handful of these marches since it was founded in 1947.

Here’s a quick look of the times when lawyers here walked for a cause (Note: the first one was 44 years ago and the rest were within the last 18 years) :

1981 — Walking to protest against proposed law changes

On April 7, 1981, lawyers (about 100 or 200 according to different reports) walked from the Lake Club to Parliament in Kuala Lumpur to protest against proposed amendments to both the Societies Act and to the Federal Constitution.

They reportedly stood outside Parliament under a heavy drizzle to hand over the Malaysian Bar’s memorandum, which was addressed to the prime minister, the Cabinet, and MPs.

The memorandum warned the amendments would limit the Constitutional right to freedom of association and enable the government to make laws during an Emergency without going through Parliament.

2007 — “Walk for Justice”

On September 26, 2007, lawyers (estimated to be at least over 1,000) marched from the Palace of Justice to the Prime Minister’s Office.

This was sparked by the release a week earlier of a video clip of senior lawyer VK Lingam’s 2002 phone conversation with a senior judge, featuring the alleged brokering of the appointment and promotion of judges.

Before the walk started, Malaysian Bar president Datuk Ambiga Sreenevasan told the lawyers gathered there: “Lawyers don’t walk every day, they don’t walk every month, they don’t even walk every year. This is the third time lawyers are walking, when lawyers walk, something is wrong. When lawyers walk, it means that we would like to see change.”

It rained as lawyers waited while the Malaysian Bar’s office-bearers went in to the PM’s Office to hand over two memoranda to the prime minister’s aide:

These were about the latest crisis in the judiciary (call for Royal Commission of Inquiry (RCI) on the Lingam video clip and a call to introduce Judicial Appointments Commission (JAC).

The government later formed an RCI in December 2007 and also set up a JAC in early 2009.

2011 — “Walk for Freedom”

On November 29, 2011, over 1,000 people including lawyers walked from the Royal Lake Club to Parliament to object to the government’s Peaceful Assembly Bill, saying that this proposed new law would put unreasonable limits on the Constitutional right to the freedom to assemble.

At Parliament, the Malaysian Bar delivered its memorandum and its proposed alternative Bill to then deputy minister in the Prime Minister’s Department Datuk Liew Vui Keong.

2014 — “Walk for Peace and Freedom”

On October 16, 2014, between 1,000 to 2,000 lawyers marched from Padang Merbok to Parliament to call for the repeal of the Sedition Act 1948.

At Parliament, 10 Malaysian Bar representatives delivered a memorandum to then Minister in the Prime Minister’s Department, Datuk Mah Siew Keong, who received it on behalf of the prime minister.

The memorandum urged the government to promote building a “fair, just, harmonious, unified, moderate and progressive Malaysia”, to reject racist and religious extremism, to fulfill the promise to abolish the Sedition Act.

2022 — “Walk for Judicial Independence”

On June 17, 2022, hundreds of lawyers planned to marchfrom Padang Merbok to Parliament, which would be the fifth “walk” in the Malaysian Bar’s history.

But the police did not allow them to march to Parliament, and then Deputy Minister in the Prime Minister’s Department Mas Ermieyati Samsudin instead made her way to Padang Merbok to accept the Malaysian Bar’s memorandum on behalf of the prime minister.

The memorandumurged the government to protect the judiciary’s independence and preserve public confidence in the judiciary.

In March this year,the High Court ruled that the police had acted beyond its powers when it prohibited the Malaysian Bar from walking to Parliament.

Back to the question of why lawyers walk: It is one of their duties under the law.

Under the Legal Profession Act 1976’s Section 42(1)(a), the Malaysian Bar’s purpose is to “uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour.”

Today, the Malaysian Bar — which now represents 23,645 lawyers in Peninsular Malaysia — aims to end its “Walk to Safeguard Judicial Independence” with the handing over of a memorandum at the Prime Minister’s office.

Its memorandum will contain four points, including to have the judiciary’s leadership positions filled by judges of integrity and unblemished reputation with a proven track record of quality and clear judgments; and to have multiple vacancies in the judiciary filled up quickly to prevent delays to the hearing of court cases.

It will also call for a Royal Commission of Inquiry (RCI) to investigate if there has been any interference with the judiciary.

What’s next

Currently, the JAC vets and recommends candidates for judges to the prime minister, with the prime minister then providing advice to the Yang di-Pertuan Agong.

Under the Federal Constitution, the Yang di-Pertuan Agong is the one who appoints judges in Malaysia’s top courts, based on the prime minister’s advice and after consulting the Conference of Rulers.

The Conference of Rulers is expected to meet from July 15 to July 17 (tomorrow to Thursday).

In about two weeks’ time, the Malaysian Bar will hold an extraordinary general meeting (EGM) on July 26 to discuss and possibly pass resolutions on matters such as the judiciary’s independence and continuity in the judiciary’s leadership, as well as vacancies and the process to appoint judges.

Last week, minister Datuk Seri Azalina Othman Said said the Cabinet assures that the vacancies for the two highest-ranked posts in the judiciary will be filled according to the Federal Constitution and the relevant laws.

The Prime Minister’s Department’s Legal Affairs Division (BHEUU) last week announced that Malaysia will be carrying out preliminary research on how judges are appointed in the UK, Australia, India and Singapore, to identify suitable reforms for the country’s own judicial appointments system.