English not the root cause of CLP failures in S’wak, says advocates association

ENGLISH proficiency is not the root problem as far as Sarawak is concerned, according to the Advocates Association of Sarawak (AAS) when reacting to the findings in the recent Certificate in Legal Practice (CLP) Examination 2024 Examiners’ Report released by the Malaysian Legal Profession Qualifying Board (LPQB).

In a press statement, the AAS expressed grave concern over the Examiners’ Report for the CLP examination conducted in July-August 2024, which revealed worrying trends among CLP candidates, including weak command of English, poor analytical ability and an alarmingly high failure rate in key subjects.

AAS president Gurvir Singh Sandhu said even though the examiners’ remarks cited poor English proficiency as a contributing factor to candidate’s failures, such generalisation did not reflect the reality in Sarawak.

He stressed about Sarawak having long upheld English as an official language alongside Bahasa Malaysia – a position supported by both federal acknowledgment and state policy, he added.

“English continues to be used in Sarawak’s courts, and the Sarawak Government has reaffirmed the importance of English education from the earliest levels of schooling, ensuring that students are bilingual and globally competitive.

“It is therefore inaccurate and unfair to attribute the poor examination outcomes to a lack of English proficiency among Sarawakian candidates.

“On the contrary, Sarawak’s legal and educational systems actively strengthen English competence.

“The issue lies instead in the examination module’s design, which over-emphasises rote-learning and rigid procedural content disconnected from the practical realities of legal practice in Sarawak,” he argued.

Gurvir also acknowledged the recognition of Sarawak’s pragmatic admission system.

“It is also important to record that entry into legal practice in Sarawak is governed independently under the Advocates Ordinance (Cap.110, Laws of Sarawak), which recognises multiple entry pathways.

“In addition to the CLP qualification, the Ordinance allows for the admission of law graduates who have already been called to the Bar in other Commonwealth jurisdictions such as England, Australia or Singapore,” he pointed out.

“This pragmatic approach reflects Sarawak’s long-standing autonomy in regulating its legal profession, ensuring that the State attracts qualified practitioners who meet professional standards through diverse and internationally recognised routes.”

This multi-entry framework underscored that Sarawak’s legal admission system was practical, inclusive, and aligned with international standards, consistent with its constitutional autonomy under the Malaysia Agreement 1963 (MA63), added Gurvir.

“AAS reaffirms that the Sarawak Bar’s admission standards are robust and reflective of global best practices, proving that competence – not conformity – is the true measure of qualification.

“The Examiners’ report highlights alarmingly high failure rates and systemic weaknesses in the current structure of the Malaysian LPQB and that it warrants urgent and comprehensive root causes which include structural imbalance and lack of representation.

“The AAS, however, firmly believes that the persistent challenges surrounding the CLP programme stem not from the candidate’s incompetence or linguistic barriers, but from structural imbalances within the LPQB itself.

“The board’s current composition lacks representation from Sarawak, despite the fact that its policies and examinations directly affect Sarawakian law graduates seeking entry into the profession.

“The absence of Sarawakian members has led to the development of an examination framework and syllabus that do not adequately reflect the plural legal realities of Malaysia, particularly the distinct statutory and procedural systems in force in Sarawak,” Gurvir pointed out.

This omission results in an examination module disproportionately oriented towards Peninsular Malaysian laws, leaving Sarawakian candidates to master legal principles that might have limited relevance to their intended practice jurisdiction, he added.

“Such a disconnect disadvantages aspiring lawyers from East Malaysia, and undermines the equitable access envisioned under the MA63 (Malaysia Agreement 1963),” he stressed.

Adding on, he said the AAS acknowledged and commended Deputy Minister in Prime Minister’s Department (Law and Institutional Reform) M Kulasegaran, for his proactive role in advancing reforms within the LPQB.

“The deputy minister has brought to light the long-standing lapse in the LPQB’s financial accountability, revealing in Parliament that the board’s accounts had not been audited for over 17 years.

“His initiative led to government action to ensure that the LPQB’s accounts would now be subjected to audit by the Auditor-General – a vital step toward transparency and good governance.

“Furthermore, he (Kulasegaran) plays a central role in securing Cabinet approval to expand LPQB membership to include representatives from Sabah and Sarawak, a long-overdue reform that should make the board more inclusive and representative of Malaysia’s legal diversity,” said Gurvir.

Moreover, he said the AAS had called upon the federal government and LPQB to take immediate and concrete steps to address these systemic shortcomings.

“Firstly, they are to reconstitute the LPQB to include mandatory representation from Sarawak and Sabah, ensuring that the voices of East Malaysian practitioners are meaningfully reflected in decisions concerning legal qualification, syllabus design, and examination standards.

“Secondly, they are to review and modernise the CLP examination module to ensure it reflects Malaysia’s plural legal system with modules that cover Sarawak-specific laws and practice alongside peninsular statutes.

“Thirdly, they are to reconsider the pedagogical approach of the CLP by prioritising analytical and applied reasoning skills over rote memorisation, in line with the demands of real-world legal practice.

“Fourthly, to recognise Sarawak’s bilingual advantage by supporting bilingual training materials and assessment flexibility consistent with Sarawak’s constitutional position under the MA63.”

Gurvir said AAS had stressed again that the responsibility for the shortcomings in the CLP programme must rest with the system itself, where the governance and framework would require reform to ensure fairness and inclusivity.

“The association views these findings with concern as they reflect the overall readiness of future lawyers entering the profession.

“As the CLP is the final gatekeeper before admission to the Bar, it is imperative that candidates demonstrate competency not only in legal knowledge but also in analytical thinking and communication,” said Gurvir.

“AAS is committed to working closely with stakeholders, including the LPQB, law faculties, and training providers, to identify measures to strengthen the quality of legal education and professional training.

“The association also welcomes initiatives to improve training standards and supports reforms aimed at enhancing the quality and professionalism of law graduates,” he added.