Before the upcoming UMNO elections, we saw some potential/possible contestants to positions being 'expelled' and/or 'suspended' by UMNO - which, on the face of it, may result in their inability to contest for positions in the upcoming party elections.
Can a party/association do this to their members? Can the victim claim a violation of his/her rights by non-other than their very own association? Can association do as it likes to any of its members - without recourse to the Court. These interesting issues led me to look at FREEDOM OF ASSOCIATION.
Freedom of Association - is it an individual right? YES, it is.
Article 10 of the Federal Constitution '1(c) all citizens have the right to form associations.'
Now, Article 10(2) (2) Parliament may by law impose—...(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.
Article 10(3) says (3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.
In terms of a person and his/her association, let's acknowledge that the association can also VIOLATE A PERSONS FREEDOM OF ASSOCIATION, and as such, he/she must have the right to fight for his/her rights against that rights-violating association, and hence the right to take the matter to Court in his/her quest for justice.
Did anyone take the issue to court for what seems to be a violation of their rights in UMNO?
Is it because of Section 18C?
18C Decision of political party to be final and conclusive {SOCIETIES ACT 1966}
The decision of a political party or any person authorized by it or by its constitution or rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party shall be final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision.
Well, I believe that this Section 18C may be in violation of the Federal Constitution and the right to Freedom of Association?
Well, decisions of government, Prime Minister and Ministers are all subject to judicial review,etc of the courts?
Worker rights violations can also be taken to court? So, why not member's rights violation in political parties?
So, is not section 18C odd, when it says that decisions of just political parties(not any other society) is 'final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision.'
It seems that there is also no right to challenge the decision by reference/complaint to the Registrar of Societies and/or the Minister responsible...
Is this preferential treatment of political parties in the Societies Act discriminatory - did the MPs in Parliament pass this because it was about their political parties, where then these MPs were not at risk of expulsion and suspension? Why just political parties, and not all societies?
In fact, some laws give preferential treatment to 'political parties and politician' and political activities. For example, SOSMA in section 4(3) (3) No person shall be arrested and detained under this section solely for his political belief or political activity. - why do such provisions even exist? Why will a person who upholds justice and human rights not be given similar protection? Are MPs deciding based on self/party interest rather than the good of all? I wonder.
Remember that a member of a society, association and political party also has a right to the WEALTH of the association. Some parties have a lot of wealth - monies, buildings/property - and every member has a right to an equal share. So, an expulsion is not just 'being kicked out of the party' but also a loss of other assets/benefits..
Even in disciplinary proceedings, when the highest deciding authority is not the total membership in a General Meeting, but the then political leadership - it is even more dangerous and could be abused. In UMNO, for exmaple, can not the incumbent leadership expel and/or suspend potential challengers to their positions in upcoming party elections?
It's an UMNO matter - so others should not be bothered.
Well, we have a duty to comment and bring about needed reform as it affects all our individual rights and freedom of association.
The right of any association member who may be a victim of the association to court should always be there?
Umno confirms sacking of Khairy and Noh; Hishammuddin and Shahril suspended in Zahid's purge
KUALA LUMPUR, Jan 28 — Umno announced last night that former Youth chief Khairy Jamaluddin has been sacked from the party along with former Selangor chapter chief Tan Sri Noh Omar, citing breaches of party discipline.
In addition, former vice-president Datuk Seri Hishammuddin Hussein and former information chief Shahril Sufian Hamdan were suspended for six years, along with Datuk Maulizan Bujang and Datuk Seri Mohd Salim Sharif.
Umno secretary-general Datuk Seri Ahmad Maslan said that another 42 members have been sacked; five were from the Pasir Gudang division, nine from the Putrajaya division, two from Tanjung Karang and 26 from Pahang.
“Among their offences were running as an independent candidate, becoming candidates for parties not Barisan Nasional (BN) and being involved in helping rival parties during GE15,” he said in a statement.
Umno vice-president Datuk Seri Mohamed Khaled Nordin was announced as the new Johor chapter chief.
The Annual Umno Branch Conference and Divisional, Wanita, Youth and Puteri Branch Committee Elections will be held from February 1 to 26.
The Umno representative meeting and Wanita, Youth and Puteri divisional committee election along with the Wanita executive council, Youth executive council and Puteri central executive council elections will be held simultaneously across the country on March 11.
Registration
for candidates to contest in the divisional and central elections will
begin on February 13 and close on February 26 at 5pm. More details will
be released soon. - Malay Mail, 24/1/2023
Posts
No comments:
Post a Comment