AMENDMENTS TO LEGAL PROFESSION ACT ALLOW GREATER FLEXIBILITY TO ENSURE LPQB EFFECTIVENESS - KULASEGARAN

KUALA LUMPUR, Dec 17 (Bernama) -- The provision allowing for the cancellation of appointments without cause under the proposed amendments to the Legal Profession Act is intended to provide the government with flexibility to act swiftly in circumstances that may affect the effectiveness of the Legal Profession Qualifying Board (LPQB).

Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran said such circumstances include breaches of integrity, incompetence, non-compliance or conflicts of interest that affect the functioning and effectiveness of the board. 

However, he stressed that the power cannot be exercised arbitrarily, as any ministerial decision is subject to the principles of administrative law, namely that it must be rational, reasonable and free from mala fide (malice).

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“The minister will also take into account the risk of public criticism and political censure if the power is misused. In any event, whether a revocation is made with or without cause is immaterial, as any affected member retains the right to seek judicial review in court.

“This is a common legal process in this country,” he said when winding up the debate on the Legal Profession (Amendment) Bill 2025, which was later passed by a majority vote after being debated by 11 senators.

The proposed amendments to the Act also empower the minister to appoint LPQB members and to revoke such appointments without providing reasons.

However, Kulasegaran explained that any revocation must be accompanied by the appointment of a replacement based on the original nomination to preserve the balance of the board’s composition, and that the minister cannot alter representation arbitrarily.

“In addition, scrutiny by Parliament, the media and civil society places pressure on the government to exercise this power carefully and responsibly. Therefore, this provision does not threaten the integrity of the board, but instead serves as a safeguard mechanism,” he said.

In addition, scrutiny by Parliament, the media and civil society places pressure on the government to exercise this power carefully and responsibly. Therefore, this provision does not threaten the integrity of the board, but instead serves as a safeguard mechanism,” he said.

Meanwhile, the Dewan Negara also passed the Rukun Tetangga (Amendment) Bill 2025 under the Ministry of National Unity, which, among other things, addresses the appointment period of Rukun Tetangga Committee members (AJKRT) and streamlines provisions in the Rukun Tetangga Act 2012 (Act 751).

Winding up the debate, Minister of National Unity Datuk Aaron Ago Dagang explained that the new definition of an “interested person” under the amendments refers to individuals who live outside a Rukun Tetangga Area (KRT) but conduct business, work or have immediate family ties within the area concerned.

“For that reason, candidates’ backgrounds will be thoroughly vetted before appointments are made in accordance with the prescribed guidelines. Permanent residents (PRs) are also not allowed to serve as members of the Rukun Tetangga Committee (AJKRT), among other reasons, due to group insurance coverage, which applies only to Malaysian citizens.

“All members of the AJKRT, including mediators and other personnel, are covered under group insurance. As non-citizens are not eligible for such coverage, they cannot be appointed,” he said.

He added that the restriction is also linked to considerations of national sovereignty and security, particularly in matters involving community control and safety, and to avoid future confusion over membership status.

Under the first amendment, the appointment period for AJKRT members is set at three years per term, limited to two consecutive terms or a maximum of six years, with any additional term subject to the approval of the Director General of Rukun Tetangga.

The second amendment further strengthens the Act by introducing a new definition of “interested person”, limiting AJKRT appointments to citizens, appointing the Director General of Rukun Tetangga as the head of department, and providing for matters related to the revocation of appointments, resignations, enhanced membership requirements and the implementation of the Voluntary Patrol Scheme.

-- BERNAMA