Accountability & Transparency Resolution - 2004

The 59th AGM of the Malaysian Bar – 2004

WHEREAS:-

I. The Bar Council and the State Bar Committees are elected by members of the Malaysian Bar, and as such must at all times be transparent and accountable to its members.

2. There has been concerns that some of our leaders in the Bar Council and/or the State Bar Committees have not been promptly responding to queries, questions, clarifications, comments and/or criticisms from its members, and at times have totally failed to respond at all. These actions/omissions goes against the principle of transparency and accountability.

3. There have been concerns that some of the leaders of the Bar, the Bar Council, State Bar Committees and/or other committees of the Bar have in the past resorted to censorship, indifference, silence, threats of legal actions, letter of demands and/or other means suppress the freedom of expression and opinion and the right to information. The evading of the duty to answer questions, queries and/or criticisms made by members is contrary to the principle of transparency and/or accountability. These acts and/or omissions which may lead to the silencing of dissent is unacceptable.

4. There have been some leaders of the Bar in the past who seem to have wrongly taken the position that they only need to answer explain and/or respond to queries, questions and/or criticisms raised by members at General Meetings only.

5. There have been some leaders of the Bar who wrongly believe that after being elected they have the unquestionable right and/or the mandate to do anything and everything during their term of office, including expending large sum of monies on new matters, and that there is no obligation/duty to go back to the general membership for their approval in a general meeting before the large sums of memberships’ money is expended..

THEREFORE, it is hereby resolved that:-

A. The Malaysian Bar should strive to be the model of democracy, ensuring always that the principle of transparency and accountability is in the forefront of its own organization at all levels.

B. That the leaders of the Bar should at all times actively and positively be responsive to its membership, and must strive to ensure that freedom of expression and opinion is at all times not only respected but also practiced within the Bar at all levels.

C. The Malaysian Bar deplores any or all past acts/omissions of leaders of the Bar and/or its Committees that have caused or have attempted to cause the stifling or silencing of dissent, criticisms and opinions of members of Bar.

Proposer:- Charles Hector

Seconder:- Amin Hafiz