| Fadley Faisal |
THE Brunei Council on Social Welfare (MKM) resumed its Legal Advice and Advisory Clinic yesterday after its usual one-month break for the new year during which MKM members were busy with various other projects such as ‘Back to School’ and ‘Food Box’.
Attorney General Datin Seri Paduka Hajah Hayati binti Pehin Orang Kaya Shahbandar Dato Seri Paduka Haji Mohd Salleh in her opening address during the launching of the clinic on March 8, 2013 lauded MKM for its initiative in organising and running the clinic, pointing out that “such a commendable initiative can be of assistance in looking after the welfare and other needs of the less fortunate”.
Meanwhile Chief Justice Dato Seri Paduka Haji Kifrawi bin Dato Paduka Haji Kifli, in his speech during the opening of the Legal Year recently, commended the legal clinic established by MKM, saying that it was a “reflection of a deep commitment to fostering and developing a strong sense of community across society”.
The clinic, held every Wednesday from 7pm to 9pm at the office of Yusof Halim & Partners – MKM’s main partner of almost five years, is headed by Azril Anwar, a Syariah lawyer. The clinic is shut during Syawal and the beginning of the year, but otherwise held throughout the remaining 10 months of the year.
It provides assistance to the needy whose monthly household income, after dividing by the number of members in the household, is $500 or less. For example a family of five whose household income is $2,000 a month is still eligible for the services offered by the clinic as their monthly income per household member amounts to $400.
In its advisory role, MKM offers advice to the needy on where they can obtain assistance for their financial difficulties. MKM President Datin Paduka Hajah Intan binti Haji Mohd Kassim, in her speech during the launching of the clinic, said, “From our experience of helping the vulnerable members of community, we came to realise that some matters which we regard as simple are actually challenges to them.”
In an interview with the Bulletin, Aznil said that unlike other conventional legal clinics, its legal advice component does not stop at providing legal advice to the needy, but will bring cases to either the Syariah or Civil Court on their behalves whenever there is merit in their claims. There have been notable successes in both the Civil Court and the Syariah Court in cases brought forward by MKM on behalf of the needy.
Three law firms – Yusof Halim & Partners with 12 lawyers, Ibrahim Al-Haj with two lawyers, and Al Wady with one – are participating in the clinic. Cases are given to the lawyers according to their area of specialty and practice and are handled by them ‘pro bono’, ie without charging any legal fees. Fees – if any – will only be charged if ordered by the courts.
Over the past five years, MKM has opened up 256 files for needy people who need guidance and assistance on how to obtain financial assistance from various government bodies including Community Development Department (JAPEM), Yayasan Sultan Haji Hassanal Bolkiah and Brunei Islamic Religious Council (MUIB); 99 files for those who need legal advice, and had taken 36 cases to court on behalf of needy people.
MKM has been taking cases all the way to the Court of Appeal, in both the Civil and Syariah cases.
MKM takes a different view on the call by the President of the Brunei Darussalam Law Society, On Hung Zheng, to set up a legal aid fund. MKM agrees that such a fund is needed in criminal matters where even MKM does not represent defendants in a criminal court.
At present the government is providing legal aid to individuals charged with capital offences but are unable to afford legal representation. No legal aid however, is available for offences which do not carry the death penalty. The loss of liberty and the meting out of corporal punishments – especially the much anticipated commencement of punishments for ‘hudud’ offences under the Syariah Penal Code Order 2013– requires a new and serious look at the availability of legal aid for criminal defendants.
However in non-criminal matters, we must always remind ourselves that lawyers are working in an honourable profession and that law societies are honourable institutions. Historically they are so named not just for fighting for justice and the rule of law, but also for their propensity in helping the needy in doing ‘pro bono’ work.
‘Pro-bono’ work – meaning work which does not involve the charging of any legal fees – still requires residual funds to be available, for example to settle court fees and disbursements. This issue, which is not an insurmountable problem, has been tackled by MKM for more than five years.
However, the main problem is getting more lawyers to take up cases on a ‘pro-bono’ basis.
Perhaps it is time to have a lawyer ‘pro-bono’ work central registry, making it either mandatory for every lawyer to take on such cases, or grant benefits to those who do so.
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