Registrar of Society(ROS) says Mahathir is no more BERSATU Chairman, and the current Prime Minister(who is President) will assume the role as Chairman.
Who exactly is the ROS, a public servant, to DECIDE(or give a view) when it concern matters between members of a society?
Such matters, if cannot be resolved internally by a society, should be referred to the Court by any aggrieved member or party. That is how it should be?
So if the ROS decides, then party not satisfied must APPEAL to the Minister(The chosen Home Minister in Muhyiddin's Cabinet) - and still not satisfied have to for Judicial Review in court....{but can they go to Court because this bad law like many bad laws says decision of Minister final...so cannot seek Judicial Review? Good thing is that many courts reject such attempts to prevent Judicial Review}
The Registrar of Society should just be concerned about whether annual report and accounts are submitted, whether or not the Society has broken any laws, - purely administrative matters. FULL Stop. That is my view?
The ROS should also make sure all monies in the society is in the society's bank account - and some petty cash can be with Treasurer...i.e. no money or property belonging to a society must be in some other person's personal bank account or name...
When Najib allegedly held monies allegedly belonging to a Society(be it UMNO or BN) in his personal account - Did the ROS come out then and say that this is WRONG or ILLEGAL?
Should not all monies belonging to a society be in the accounts of the said society - maybe some petty cash could be in the hands of the Treasurer...or maybe someone else could be holding 'petty cash' if the Executive Committee allows it... We are talking about the alleged 2 billion that was allegedly for UMNO or BN ...which was kept in the personal account of the President...Did the ROS make any comment about this? Malaysians are still confused whether money belonging to a society can also be kept in 'personal accounts' of the President and/or any other member?
The ROS today has just too much power, and really they should not have this power on such issues. Remember, one of the Acts that the Pakatan Harapan promised to amend was the Societies Act, which they failed to do when in power..
In my opinion,....
Who exactly is the ROS, a public servant, to DECIDE(or give a view) when it concern matters between members of a society?
Such matters, if cannot be resolved internally by a society, should be referred to the Court by any aggrieved member or party. That is how it should be?
So if the ROS decides, then party not satisfied must APPEAL to the Minister(The chosen Home Minister in Muhyiddin's Cabinet) - and still not satisfied have to for Judicial Review in court....{but can they go to Court because this bad law like many bad laws says decision of Minister final...so cannot seek Judicial Review? Good thing is that many courts reject such attempts to prevent Judicial Review}
may, within thirty days from the date of the decision of the Registrar, appeal against the decision to the Minister; and the Minister whose decision shall be final may confirm, reject or vary the decision of the Registrar.
The Registrar of Society should just be concerned about whether annual report and accounts are submitted, whether or not the Society has broken any laws, - purely administrative matters. FULL Stop. That is my view?
The ROS should also make sure all monies in the society is in the society's bank account - and some petty cash can be with Treasurer...i.e. no money or property belonging to a society must be in some other person's personal bank account or name...
When Najib allegedly held monies allegedly belonging to a Society(be it UMNO or BN) in his personal account - Did the ROS come out then and say that this is WRONG or ILLEGAL?
Should not all monies belonging to a society be in the accounts of the said society - maybe some petty cash could be in the hands of the Treasurer...or maybe someone else could be holding 'petty cash' if the Executive Committee allows it... We are talking about the alleged 2 billion that was allegedly for UMNO or BN ...which was kept in the personal account of the President...Did the ROS make any comment about this? Malaysians are still confused whether money belonging to a society can also be kept in 'personal accounts' of the President and/or any other member?
The ROS today has just too much power, and really they should not have this power on such issues. Remember, one of the Acts that the Pakatan Harapan promised to amend was the Societies Act, which they failed to do when in power..
In my opinion,....
BERSATU is a society of individual members, and the power must rest with the society alone - Not the ROS. The ROS powers should be confined to enforcement of law, like the submission of annual reports, including accounting report, ....limited. It should not interfere in matters like this.
Any disputes between members, or even the President(and/or leadership) and members is best referred to COURTS, not ROS or Minister, to determine.
Let us now look at this issue...
- Mahathir did send a letter of resignation...that is not in dispute, is it.
- But then the Central leadership rejected his resignation
Speaking to reporters after Bersatu's supreme council meeting on Monday night (Feb 24), the party's secretary-general Marzuki Yahya said that the members of Bersatu's supreme council were unanimous in their support for Dr Mahathir.
"We have just finished a special meeting among senior party members and among the things that were discussed just now were that we, the supreme council, reject Tun Mahathir's letter of resignation as party chairman," said Mr Marzuki.
- Mahathir reconsidered, and remained Chairman(thus revoking the resignation letter)
- Later, apparently the President and the Central leadership no longer wanted Mahathir as Chairman - they did not sack Mahathir as Chairman of party, but apparently changed their mind about 'not accepting the resignation' and now accepted it. Logically, this cannot happen, for after they rejected Mahathir's resignation and Mahathir came back acting as Chairman - that is the end of the matter.
Now, to remove Mahathir as Chairman, it will require a NEW Letter of Resignation, OR some action(permitted by the Constitution of BERSATU) to 'suspend' or 'remove' Mahathir as Chairman.
Was there some action by BERSATU Central leadership to 'remove' Mahathir as Chairman? Not sure...only read statements by individuals
Now, to remove Mahathir as Chairman, it will require a NEW Letter of Resignation, OR some action(permitted by the Constitution of BERSATU) to 'suspend' or 'remove' Mahathir as Chairman.
Was there some action by BERSATU Central leadership to 'remove' Mahathir as Chairman? Not sure...only read statements by individuals
- Does BERSATU Constitution even provide for the removal of the Chairman or President?
If NO, then no choice but to wait for the next Elections, or maybe a membership Resolution removing Mahathir as Chairman (Well, not been able to see the BERSATU Constitution, so difficult to see if there is any way provided in the said rules of the party(society) that allows the removal of the Chairman or President...If there is none, then only maybe one can use the provisions for the removal of membership???
If NO, then no choice but to wait for the next Elections, or maybe a membership Resolution removing Mahathir as Chairman (Well, not been able to see the BERSATU Constitution, so difficult to see if there is any way provided in the said rules of the party(society) that allows the removal of the Chairman or President...If there is none, then only maybe one can use the provisions for the removal of membership???
ROS made a decision that Mahathir had resigned by virtue of the then letter of RESIGNATION ...Before making the final decision, did the ROS accord Mahathir the 'right to be heard' - i.e. give him the chance to make his points...I did not hear or see any report where the Registrar had any hearing, or called Mahathir, the 'victim', to hear his side before making a decision. Did you?
How is the Societies Act, in the current form against human rights - the Freedom of Association.
1- We do not have the right to form a society - including the name of the society, unless the ROS approves it.
- Society for Democracy, Malaysian Worker Rights Society, ...etc > well, such names will not get approval in the past. So, our freedom of association is violated because the ROS decides on names > not the members of the Society.
2 - In Malaysia, even the Constitution and the rules of the Society depends not on what the members want - but what the ROS agrees to. Even if one of the objects is to collect 'donations' from the public, the ROS will deny this ...In an alumni organisation, where one of the objects was to raise 'donations', which may have been for the students of the present school, or maybe for some other reason like raising 'donations' to establish some scholarship, etc ...BUT the ROS says NO to including in objects the possibility of fund raising activities from members of the public. {But then, some societies and groups are allowed to do this - WHY?)
- Even when it comes to amending the Constitution of a Society, where the members decided and approved at a Annual General Meeting(or General Meeting) cannot happen ....UNLESS thereafter the ROS says OK...if ROS says 'NO' - then there will be no amendment. This is a problem when too much power is given to the ROS or even the Registrar of Trade Unions(ROTU). Even to amend their rules to allow for an INCREASE of Union Subscription - which members agree to, it all depends on whether the ROTU agrees or not, and the ROTU may say "NO' - WHY? Was it to keep trade unions and societies 'weak'?
The 79 amendments will be forwarded by Bersatu secretary-general Datuk Marzuki Yahya to the Registrar of Societies for their approval
3.....there are so many more reasons...
Well, is the ROS giving us his OPINION ...or is it a DECISION...after all, the ROS is more powerful that the Chairman or President or the members of any SOCIETY...?
Ooops... that means the ROS can also 'de-register' political parties ....or even prevent the registration of new political parties ....Parti Socialist Malaysia(PSM) took years of legal battle before it got registered...
Societies(even Trade Unions) should be FREE to register themselves, using whatever names they want, and whatever Constitution/Rules - and the power of changing rules and even subscription fees really depends on the members > REMEMBER Registration for societies and even Trade Unions really is a TOOL used by government to control our freedom of association...When we register, the all powerful government interferes 'excessively' with our freedom.
It is OK maybe to ensure that needed annual reports and accounts are submitted in time.... BUT any disputes between members are best resolved by reference to Court...and not by the Registrar.
The problem now with BERSATU is that the President is also the Prime Minister, and he choses who be the Minister of Home Affairs, who is also responsible for the ROS... So, are the decisions of ROS independent or 'politically influenced'?
Mahathir is going to be the new Chairman of BERSATU, as he is uncontested. On the other hand, Muhyiddin's is challenged by 2 others for the post of President. Will Muhyiddin, who is now having 'differences' with Mahathir and others, seek to take control of BERSATU by removing Mahathir and other challengers...After all, there was a media story recently that a BERSATU leadership meeting which may decide to remove Mahathir and Mukriz(one of the challengers for the post of President) as members of BERSATU was to happen, whereby Mahathir and some others were not invited.
Well, that would have been an 'ILLEGAL" meeting - but now, with the ROS opinion(or was it a decision), Muhyiddin may now have the meet without Mahathir...
Is BERSATU democratic? No one knows whether even the membership of BERSATU agreed with Muhyiddin's and the leaderships decision to leave PH and join UMNO, BN and PAS to form the new Perikatan Nasional government. Maybe, BERSATU should have a REFERENDUM to get the membership approval of Muhyiddin's and the majority of the Central leadership's decision to leave PH and form PN? The Election Results would either help Muhyiddin or not... The General Meeting of members may also help...
BERSATU, before GE14, and BERSATU today may have changed considering the party admitted and accepted so many new members...many of which were from UMNO...values and principles may have changed so much. [When Muhyiddin was ousted from UMNO previously, we did not see many members including MPs and ADUNs following Muhyiddin out of UMNO, did we. The same also for when Anwar was ousted from UMNO.
Many of these 'party hopping' members seem to move to 'support' whoever have the POWER ...if BERSATU loses in the next GE, these members may simply hop again to whoever wins...
On the other hand, parties like PAS and DAP may be different - Win or Lose - their members stay on to fight another day...another elections > even if they face the risk of being discriminated by the government of the day...Still the same?
BERSATU - What does its constitution say? We know that each member of the party do not have the right to vote on who will be party President ...? PKR stands out here as every member have a right to vote to decide who will be President?
BERSATU at its last years General Meeting passed 79 amendments to their Constitution - it too has no effect UNTIL the ROS approves. So, yes the ROS is more powerful than all the members of the society...Did the ROS approve the amendments the members wanted or not ...most likely, since it was the then Prime Minister's party - all would have been approved...
I repeat Pakatan Harapan promised to amend the Societies Act - to remove all these anti 'freedom of association' provisions in the Act but they failed to do so ...and now, Mahathir himself experiences the effect of this still bad law?
Ooops... that means the ROS can also 'de-register' political parties ....or even prevent the registration of new political parties ....Parti Socialist Malaysia(PSM) took years of legal battle before it got registered...
Societies(even Trade Unions) should be FREE to register themselves, using whatever names they want, and whatever Constitution/Rules - and the power of changing rules and even subscription fees really depends on the members > REMEMBER Registration for societies and even Trade Unions really is a TOOL used by government to control our freedom of association...When we register, the all powerful government interferes 'excessively' with our freedom.
It is OK maybe to ensure that needed annual reports and accounts are submitted in time.... BUT any disputes between members are best resolved by reference to Court...and not by the Registrar.
The problem now with BERSATU is that the President is also the Prime Minister, and he choses who be the Minister of Home Affairs, who is also responsible for the ROS... So, are the decisions of ROS independent or 'politically influenced'?
Mahathir is going to be the new Chairman of BERSATU, as he is uncontested. On the other hand, Muhyiddin's is challenged by 2 others for the post of President. Will Muhyiddin, who is now having 'differences' with Mahathir and others, seek to take control of BERSATU by removing Mahathir and other challengers...After all, there was a media story recently that a BERSATU leadership meeting which may decide to remove Mahathir and Mukriz(one of the challengers for the post of President) as members of BERSATU was to happen, whereby Mahathir and some others were not invited.
Well, that would have been an 'ILLEGAL" meeting - but now, with the ROS opinion(or was it a decision), Muhyiddin may now have the meet without Mahathir...
Is BERSATU democratic? No one knows whether even the membership of BERSATU agreed with Muhyiddin's and the leaderships decision to leave PH and join UMNO, BN and PAS to form the new Perikatan Nasional government. Maybe, BERSATU should have a REFERENDUM to get the membership approval of Muhyiddin's and the majority of the Central leadership's decision to leave PH and form PN? The Election Results would either help Muhyiddin or not... The General Meeting of members may also help...
BERSATU, before GE14, and BERSATU today may have changed considering the party admitted and accepted so many new members...many of which were from UMNO...values and principles may have changed so much. [When Muhyiddin was ousted from UMNO previously, we did not see many members including MPs and ADUNs following Muhyiddin out of UMNO, did we. The same also for when Anwar was ousted from UMNO.
Many of these 'party hopping' members seem to move to 'support' whoever have the POWER ...if BERSATU loses in the next GE, these members may simply hop again to whoever wins...
On the other hand, parties like PAS and DAP may be different - Win or Lose - their members stay on to fight another day...another elections > even if they face the risk of being discriminated by the government of the day...Still the same?
BERSATU - What does its constitution say? We know that each member of the party do not have the right to vote on who will be party President ...? PKR stands out here as every member have a right to vote to decide who will be President?
BERSATU at its last years General Meeting passed 79 amendments to their Constitution - it too has no effect UNTIL the ROS approves. So, yes the ROS is more powerful than all the members of the society...Did the ROS approve the amendments the members wanted or not ...most likely, since it was the then Prime Minister's party - all would have been approved...
Parti Pribumi Bersatu’s deputy president Datuk Seri Mukhriz Mahathir said 79 of the 80 proposed amendments to the party’s constitution has been passed with a majority of support....The 79 amendments will be forwarded by Bersatu secretary-general Datuk Marzuki Yahya to the Registrar of Societies for their approval.
I repeat Pakatan Harapan promised to amend the Societies Act - to remove all these anti 'freedom of association' provisions in the Act but they failed to do so ...and now, Mahathir himself experiences the effect of this still bad law?
Bersatu rejects Mahathir's resignation as party chairman
By Amir Yusof @AmirYusofCNA 25 Feb 2020 08:20AM (Updated: 25 Feb 2020 08:20AM)
KUALA LUMPUR: Members of Parti Pribumi Bersatu Malaysia (Bersatu) have rejected Dr Mahathir Mohamad's resignation as the party's chairman and have pledged their support behind him to become prime minister of Malaysia.
Speaking to reporters after Bersatu's supreme council meeting on Monday night (Feb 24), the party's secretary-general Marzuki Yahya said that the members of Bersatu's supreme council were unanimous in their support for Dr Mahathir.
"We have just finished a special meeting among senior party members and among the things that were discussed just now were that we, the supreme council, reject Tun Mahathir's letter of resignation as party chairman," said Mr Marzuki.
He added that "all of the MPs in Bersatu" will continue to support Dr Mahathir as prime minister of Malaysia.
Earlier on Monday, Dr Mahathir resigned as prime minister and quit as chairman of Bersatu.
Following that, Malaysia's King Abdullah Ri’ayatuddin Al-Mustafa Billah Shah appointed Dr Mahathir as the interim prime minister.
During this period, Dr Mahathir will take care of the country’s administration until a new prime minister is picked and the Cabinet is formed.
Mr Marzuki added that the party would also like to quash any suggestions that any of its MPs or leaders have been kicked out of the party.
"We are all intact, we are still standing in line and we built this party and we will face any difficulties together," he added.
The meeting, which took place at Bersatu’s headquarters in Menara Yayasan Selangor, was attended by senior politicians like Muhyiddin Yassin, Syed Saddiq Syed Abdul Rahman and Rina Harun.
Around 100 Bersatu supporters also gathered outside the building, cheering whenever a party member exited and left the premises.
Mr Marzuki added that the decision to leave Pakatan Harapan was made by senior members.
"Now, we have left Pakatan Harapan, and now Tun Mahathir has left it to the Dewan Rakyat to decide if he should be the prime minister of Malaysia. Hence, this is not a question of (us working with) UMNO or PAS or other parties. It's up to the the MPs to support Tun to remain as prime minister," he said. Source: CNA/am(mn) - Channel News Asia, 25/2/2020
Mahathir no longer PPBM chairman, RoS confirms
PETALING JAYA: The Registrar of Societies (RoS) has confirmed that Dr
Mahathir Mohamad is no longer the chairman of PPBM following his
resignation amid the political turmoil in late February.
A letter sent by RoS to the party dated May 5 said Mahathir’s
resignation was valid and that PPBM president Muhyiddin Yassin’s serving
in the capacity of chairman was also valid.
“Following the chairman’s resignation, the PPBM president has the
right to act as chairman until elections are held, according to Clause
16.9 of PPBM’s constitution,” it said.
RoS’ corporate communication unit confirmed the authenticity of the letter to FMT.
The confirmation by RoS comes in the wake of a statement by PPBM’s
election committee chairman, Syed Hamid Albar, that there are “no
contenders” for the chairman’s post in the upcoming party elections. It
is left to be seen whether Mahathir will be returned unopposed.
Mahathir had resigned as PPBM chairman on Feb 24, just hours after
submitting his resignation letter as prime minister and a day after
Muhyiddin announced that the party had quit Pakatan Harapan.
However, the party’s then secretary-general, Marzuki Yahya, had said the PPBM Supreme Council rejected Mahathir’s resignation.
Mahathir’s position as chairman was disputed by information chief
Radzi Jidin, who said the supreme council did not have the power under
the party’s constitution to reject his resignation.- FMT, 19/5/2020
Mukhriz: 79 out of 80 proposed amendments in Bersatu constitution passed with majority support
SERDANG, July 20 — Parti Pribumi Bersatu’s deputy president Datuk
Seri Mukhriz Mahathir said 79 of the 80 proposed amendments to the
party’s constitution has been passed with a majority of support.
“The amendments were made to ensure the party follows the times. It
touches upon various things including the responsibilities of each
member, be it the branch, division, state and even Supreme Council
level,” Mukhriz said during a press conference after the extraordinary
general meeting (EGM) at the Malaysian Agro Exposition Park Serdang
today.
Other amendments included the powers of the disciplinary and appeal
board, the meeting order for all levels of Bersatu, and a document on
ethics and the code of conduct for its members.
When asked about the one amendment which failed to pass, he said it concerned membership but declined to say more.
“It was not approved, so I do not want to elaborate on that.
“There was some heated debate on the One Man, One Vote system, which
we allowed delegates to voice their opinions, concerns and objections,
since we uphold the democratic process,” Muhkriz said.
Although it was eventually approved for the branch and division
levels, he said the party decided not to implement it for the Supreme
Council.
“This is for practical reasons. You see, if it were to be the case, all members must meet on the same day at the same place.
“In such a situation, there will not be anybody left to do other
tasks such as handle matters pertaining the Election Commission,”
Mukhriz said.
The EGM also permitted the Supreme Council to postpone internal
elections for up to 18 months from the date it was meant to be held.
“We now have the authority to extend it, but whether we are going to
do so is another matter as it will be up to the council’s discretion.
“Certain things need to be done, such as cleaning up the member
rolls. It is an ongoing process, and if we can complete it this year we
may be able to hold the elections by the end of 2019,” he said.
Mukhriz added that should the party elections take place next year, he is aiming to ensure it will happen no later than June.
The 79 amendments will be forwarded by Bersatu secretary-general
Datuk Marzuki Yahya to the Registrar of Societies for their approval. - Malay Mail, 20/7/2019
Dr M disputes RoS letter on Bersatu chairmanship, says won post uncontested after resigning
KUALA LUMPUR, May 20 — Tun Dr Mahathir Mohamad has disputed today the
recent Registrar of Societies (RoS) letter which affirmed his
resignation as chairman of Parti Pribumi Bersatu Malaysia.
Through his lawyers Mohamed Haniff Khatri Abdulla, Dr Mahathir
explained that even as he had resigned, he has been announced as the
party chairman after he won in the party election uncontested.
Dr Mahathir is also contesting Datuk Marzuki Yahya’s removal as party
secretary-general, to be replaced by Tan Sri Muhyiddin Yassin with
Datuk Hamzah Zainuddin. Hamzah is currently the Home Minister and the
RoS answers to his ministry.
Haniff Khatri said the letter dated to May 5 and addressed to
Bersatu’s working secretary Capt (Rtd) Muhammad Suhaimi Yahya, can
instead be considered to more of the RoS’ point of view rather than a
binding fact.
“As a preliminary, we wish to record that the letter dated to May 5
was submitted at any point in time up to the present, to our client,” he
said in a written response dated today and sighted by Malay Mail, which has been confirmed by Haniff.
Although Haniff said there are no provisions under the RoS’ Societies
Act 1966 which requires his client to provide any detailed response to
its May 5 letter, he nonetheless acknowledged that under Section 3A of
the Act, the RoS is authorised to generally observe and administer any
organisation registered under it.
“Therefore we sincerely believe the May 5 letter was issued under
Section 3A, and which our client considers it to simply be the RoS’
point of view. To this, our client has instructed us to respond to the
letter as such.
The letter said although Dr Mahathir resigned as chairman on February
24, the party can neither reject the decision nor state that the
resignation was final.
It also added that party president Muhyiddin, whom the RoS said is
now acting chairman, has never regarded himself as one, and had attended
the formal establishment of Perikatan Nasional on May 17 in his
capacity as president rather than chairman.
It also highlighted that Bersatu’s internal elections have been
suspended, but not before Dr Mahathir had nominated himself as chairman.
Subsequently on April 1, Bersatu’s election committee chairman Tan
Sri Syed Hamid Albar informed Dr Mahathir that he won the chairmanship
uncontested.
“As well as this, Muhyiddin did not nominate himself as chairman
candidate but instead contested under the presidency where he is being
challenged by Datuk Seri Mukhriz Mahathir, and which will be decided
later on. This ought to have been taken into account by the RoS before
issuing its viewpoint letter,” it added.
Dr Mahathir is also seeking an investigation by the RoS under Section
16(1) of the Act into the invalidity of Marzuki’s sacking as
secretary-general and of Hamzah’s appointment, since both were done
without his consultation.
The registrar’s May 5 letter, which was shared on social media
yesterday, affirmed Dr Mahathir’s resignation as Bersatu chairman and
said Muhyiddin is now acting chairman until party elections can decide
later on.
The copy of the RoS letter was released seemingly timed with a
statement from top Bersatu leaders insisting that the party had made the
decision to leave Pakatan Harapan in a Supreme Council meeting.
Earlier, an audio clip was also leaked in which Dr Mahathir was heard
attempting to delay his own party’s exit from PH in said meeting. - Malay Mail, 20/5/2020
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