FREEDOM OF ASSOCIATION IN MALAYSIA - not really, for it is VERY DIFFICULT for ordinary Malaysians to come together and register/operate a society(a persatuan/pertubuhan) - let alone to form a political party...which is a kind society as well
Few persons want to form a Political Party - and contest in Elections - but Malaysia has the GATEKEEPER TO FREEDOM OF ASSOCIATION - the Registrar of Societies...
UMNO, BN, PKR, DAP, PAS, BERSATU really may not have to worry much about 'new competitions' because the possibility of any NEW political party getting registered FAST is almost NIL - Same fate possibly for PEJUANG and MUDA... Remember Parti Socialis Malaysia(PSM) had to fight at least 10 years in courts/etc to finally get registered.
So, those who wanted to contest in Melaka State elections, and even our next General Elections have no choice but to contest as 'INDEPENDENT' or to BEG some existing political party to contest as that party's candidate - maybe even ending up sacrificing their principles/values/objects for wanting to offer themselves as election candidates??
Malaysians prefer voting for a team of candidates contesting together, with the capacity to even form the new State/Federal government - this has been the sentiment for past elections - and thus independents....or 'those who simply are denied registration of a new political party' simply do not stand a chance...
I wonder what would have happened if PEJUANG and/or MUDA had already been registered, and they stood for the Melaka State Elections - would BN or PN or PH have lost seats to these or other new political parties?
Was it BN, or did it include PH Plus and PN that continues to prevent FREEDOM OF ASSOCIATION in Malaysia..
in this year, 2021 only, until 8/11/2021), 56.2%( or 6,066) applications to form/register societies(which include political parties) have been REJECTED/DENIED by the Registrar of Societies Malaysia(ROS)...
Most of the new political parties including, I believe, PKR, Amanah and possibly also BERSATU are not NEW REGISTERED PARTIES. So, what happens is that they have to find some already registered political party, and 'take it over', and then maybe submit an application for a change of name.... Would they have to PAY the 'owners' of these old parties? What exactly is that DEAL? How much does it cost to 'buy' a political party - millions, billions....Ooops, does that mean us poor folk may never never get our political party registered...
Why exactly is the ROS (or the government) afraid of registering NEW political parties?
One problem in our societies act, is that once you apply for the REGISTRATION of a society (where a political party is also a society), the LAW says you cannot do anything until the registration is approved.
Hence, DELAYING the registration is a means of killing people's initiative and momentum in organizing themselves into a society/political party....The new society/political party waiting for registration cannot organize forums/talks/ceramahs/go on membership drive/...so everything is on a 'STAND STILL' until the Registrar of Society(ROS) approves ....and in Malaysia, they take much too long a time ... it is best that registrations of societies are approved within seven(7) days of application....
Section 6 Application for registration {SOCIETIES ACT 1966 (REVISED 2021)}
....(2) Until a local society is registered under this Act, no person shall, without a written permission of the Registrar, organize or take part in any activity of or on behalf of the society, except only to apply to or correspond with the Registrar.
Will the ROS give 'written permission'?
No FREEDOM OF ASSOCIATION - as the members of a society cannot even change their rules alone like 'adults' - they have wait to get DADDY ROS's approval.....What kind of rule change - well anything...so a party wants to change its objective to include 'fighting for FREE Healthcare in Malaysia provided by the government'...or 'to protect forest reserves from being logged'.... Any amendments does not come into force until the REGISTRAR OF SOCIETY APPROVES...and this can take years, as the Act does not clearly require a speedy decision within seven(7) or 3 days.
11 Change of name, place of business and rules of society
(1) No registered society shall—
(a) change its name or place of business; or
(b) amend its rules,
without the prior approval of the Registrar, and an application for any such change, or amendment of its rules shall be made to the Registrar within sixty days from the date of the decision to make the change or the amendment.
The CONTROL and excessive power of the Registrar does not happen to Societies(inc. political parties), but also to Trade Unions - and there the 'hurdle' to freedom of association is the ROTU (Registrar of Trade Unions)...
As mentioned, no rules will change until the REGISTRAR approves, and if the Registrar says 'NO' - even a decision of all the members of the society, political party and/or trade unions does not matter.
In one case, a trade union wanted to increase its membership fees, which had been stagnant for a very long time and needed to be increased to match the increased cost of living. Members agreed - but the REGISTRAR said NO - and that is that.
Many Malaysian organizations concerned with the promotion and protection of human rights find that they cannot be registered as a society because of the existing draconian law, so, they are forced to register as a private company or business... [The 'oppressive' government against freedom of association may be happy, as a society(inc. political party) has the capacity to grow in numbers and strength fast - but a business entity cannot do so. A society can easily have hundreds of thousands of members -
Another problem - if you go to apply to register society 'Parti Keluarga Baru' - the moment that the application is denied, then you cannot use the same name or even the materials anymore - as you may then be an 'UNLAWFUL SOCIETY' - and the Act provides so many offences of unlawful society...
It may be good to note that even during application, the REGISTRAR does try to 'change' the name of your society. One officer allegedly said that no anti-death penalty society will be registered(that may just be the view of the officer, not the government....)
A school alumni association was denied the ability to collect "Donations" - well, if you do not accept the suggestions of the Registrar, then forget about getting registered. Donations - well an alumni society usually seek donations from other non-member alumni to help current students and school... in a flood, donations are collected to help affected students... Why - the refusal to allow society to collect donations - is it so that so that one SOME have the power to do so?
ALL IN ALL, the state of Freedom of Association in Malaysia is pathetic and wanting..
Who is angry with the fact of delay of registration of political parties/societies - PH? DAP? PKR? Amanah? PAS? BERSATU? The response indicate their commitment to not just Freedom of Association but also DEMOCRACY itself...
Malaysia rejects application for former PM Mahathir Mohamad's new political party Pejuang
FILE PHOTO: Former Malaysian Prime Minister Mahathir Mohamad attends a meeting of political and civil leaders looking to change the government in Kuala Lumpur, Malaysia, March 27, 2016. REUTERS/Olivia Harris
The Registrar of Society (ROS) rejected the application of Parti Pejuang Tanah Air (Pejuang) because it was improperly done, said Mr Mior Nor Haidir, adding that an appeal may be in the works.
“I’m waiting for further instruction from my client as they probably want to appeal to the Home Ministry,” he told reporters after the proceeding before High Court Judge Mariana Yahya.
Mr Mior Nor Haidir said ROS notified pro tem secretary-general Amiruddin Hamzah of the rejection at 5.50pm on Wednesday.
Also rejected was the application by the Malaysia United Democratic Alliance (MUDA) led by former minister of youth and sports Syed Saddiq Syed Abdul Rahman.
The rejection was indicated via email on Wednesday with "no reason given", said MUDA in a Facebook post.
Expressing disappointment over the rejection, MUDA said it had "cooperated fully and fulfilled all requirements for registration".
PEJUANG WITHDRAWS JUDICIAL REVIEW APPLICATION
The High Court was initially set on Thursday to hear Pejuang’s application for a judicial review against ROS’ action for delaying the approval of the registration application.
Mr Mior Nor Haidir said following ROS’ decision, Pejuang had withdrawn the judicial review application on the grounds that it had become academic.
Pejuang is expected to hold a media conference on the issue later on Thursday, he added.
Mr Amiruddin filed the judicial review application on Dec 10 last year, naming the ROS director-general and ROS as the first and second respondents.
In the application, Mr Amiruddin applied for a declaration that in not giving any decision or registering Pejuang, both respondents were in conflict with their statutory obligations, and were unreasonable and in bad faith.
He also alternatively applied for a declaration that their failure to register the party is contrary to the applicant's legitimate expectation.
In addition, a judicial order was also requested for both respondents to give the decision of Pejuang's application within seven days from the date of judgment and pay for costs and other relief deemed appropriate by the court.
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