Follow-Up: Making Complaints Against Lawyers Affordable for B40 Sabahans – Why the RM100 Fee Waiver Must Become the Rule, Not the Exception

 

In my last post on April 2, I shared how ordinary Sabahans — especially those in the B40 group like myself who rely on RM100 monthly SARA aid — are effectively priced out of complaining about professional misconduct by lawyers. The RM100 processing fee, printing costs, and the feeling that the system is stacked against us make it almost impossible to seek justice.

Many of you read it and reached out with your own stories. Thank you. Today I want to share something hopeful that came out of that conversation — and a very practical step we can all push for.

Good News Hidden in the Rules

Under the Advocates (Disciplinary Proceedings) (Procedure) Rules 2018, Rule 14 actually says two important things:

If the Sabah Law Society (SLS) itself initiates the complaint, the complainant pays zero fee. 

Even if you are the one complaining, the Disciplinary Board has the power to “waive in whole or in part” the RM100 processing fee “as it deems fit”.

The waiver power already exists. No new law or amendment to the Advocates Ordinance is needed. The Board can simply decide to use it proactively for genuine complaints from low-income Sabahans.

All a B40 complainant needs to do is attach proof of income — for example, a copy of the SARA aid document or any official confirmation of B40 status. The Board can then waive the fee as a matter of policy, not as a rare favour.

Why This Matters for Accountability

The separation of Sabah’s legal profession under MA63 was meant to protect our distinct rights and local context — not to create a system that is too expensive or intimidating for the very people lawyers are supposed to serve.

If the SLS and the Disciplinary Board start treating fee waivers as the default for verified B40 cases, it would send a clear message: “We welcome legitimate complaints and we will not let money silence ordinary citizens.”

It would also show that the autonomy we value so much comes with responsibility — the responsibility to make the complaints process accessible and fair.

What We Can Do Now

I am asking every Sabahan who cares about access to justice to support this small but important reform:

Write to the Sabah Law Society

President: Datuk Mohamed Nazim Maduarin

Address: Menara MAA, Lorong Api-Api 1, 88000 Kota Kinabalu, Sabah 

Copy the letter to the Chairman of the Disciplinary Board (care of the SLS Secretariat) and to

The Right Honourable Datuk Hajah Azizah binti Haji Nawawi

Chief Judge of the High Court in Sabah and Sarawak.

 

A short, polite letter is enough. You can say something like:

“I respectfully request that the Disciplinary Board adopt a clear guideline or default policy to waive the RM100 processing fee for genuine complaints from B40 citizens who provide proof of their income status (e.g. SARA aid documentation). This small step would greatly improve public confidence in the self-regulatory system without requiring any legislative change.”

This Is Not About Undermining MA63

This is about making the system we already have work better for the people it is supposed to protect. Autonomy should never mean unaccountability. Transparency and access for the poorest Sabahans strengthen, rather than weaken, our separate legal framework.

If you have experienced the same barrier, or if you support fee waivers for B40 complainants, please share this post and consider sending your own letter. The more voices, the harder it is to ignore.

Reform doesn’t have to be expensive or complicated. Sometimes it just needs ordinary citizens to speak up — politely but persistently.

Thank you for reading.

Let’s keep the conversation going.