Monday, March 14, 2011

Finally The Malaysian Bar Has Acted!

Finally, the Malaysian Bar at its 65th AGM on Saturday has come out with a motion of no-confidence against the KPI (key performance index) measures introduced by Chief Justice Tun  Zaki Azmi as not
serving the interests of justice and litigants.

The motion also called for action to be taken against judges, including magistrates and judicial officers, who were guilty of "judicial misbehaviour" which the Bar classified as including striking out cases before the end of the sitting or actual date of hearing, fixing hearing dates without regard to the availability of counsel, refusing to grant adjournments when counsel had a valid reason, making a decision without reading court papers and submissions or without adequate deliberation, and delivering decisions without grounds of judgement.

Why it has taken the Malaysian Bar so long to act, I do not know. I myself have been blogging against the KPI measures because of the manner the measures have been implemented. 

What I find funny is that the CJ had been going around saying that he could not have implemented the KPI measures without the support of the many lawyers who had  expressed their support. I believe those lawyers who are said to support the KPI are non-litigation lawyers who do not attend courts.

What is also interesting is that according to the CJ because of KPI measures, the courts here have been able to dispose many cases and as a result there is now no backlog of cases.

What is meant by disposal of a case? Read my posts Justice Is Not A Production Line and also Legal Fees Increase-What Is The Fuss All About

If an honest audit is carried out, I am certain many of the cases allegedly disposed have not been genuinely disposed.

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