History has shown how the draconian Societies Act, which grants excessive discretionary powers to the Minister and Registrar of Societies, have been used to suppress the right to Freedom of Association in Malaysia...Remember how BERSIH was made unlawful...what happened to HINDRAF... what happened to many others...
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ORDER UNDER SECTION 5 PU(A) 224/2011
WHEREAS I am of the opinion and being satisfied that the Coalition for Clean and Fair Election (BERSIH) movement is being used for purposes prejudicial to the interest of the security of Malaysia and public order:
NOW THEREFORE in exercise of the powers conferred by subsection 5(1) of the Societies Act 1966 [Act 335], I hereby declare that the said Coalition for Clean and Fair Election (BERSIH) movement as an unlawful society.
Well, BERSIH challenged the Minister's decision in court, and finally, amongst others, the Court 'quashed' the Minister's order - and BERSIH became lawful again.
Dato' Ambiga Sreenevasan & Ors V. Menteri Dalam Negeri & Ors [2012] 7 CLJ 43
24 JULY 2012 – High Court - An order of certiorari to remove the Order dated 1.7.2011 made under section 5 of the Societies Act 1966 [P.U.(A) 224 / 2011] by the First Respondent declaring the "Coalition for Clean and Fair Elections (BERSIH)" movement as an unlawful society (the Order) into the High Court to be quashed forthwith.
It is most interesting to see what happened to HINDRAF - again the Minister in 2008 made HINDRAF unlawful, and then the MInister REVOKED the order in 2013 .... WHY?
ORDER UNDER SECTION 5 PU(A) 381/2008
WHEREAS I am of the opinion and being satisfied that the Hindu Rights Action Force (HINDRAF) movement is being used for purposes prejudicial to the interest of the security of Malaysia and public order:
NOW THEREFORE in exercise of the powers conferred by subsection 5(1) of the Societies Act 1966 [Act 335], I hereby declare that the said Hindu Rights Action Force (HINDRAF) movement as an unlawful society.
Why did the Minister revoke the Order making HINDRAF unlawful? Had it anything to do with HINDRAF suddenly supporting the government of the day...
REVOCATION OF ORDER UNDER SECTION 5 PU(A) 102/2013
IN exercise of the powers conferred by subsection 5(1) of the Societies Act 1966 [Act 335], the Minister revokes the order published in the Gazette on 14 October 2008 [P.U. (A) 381/2008] which declares the Hindu Rights Action Force (HINDRAF) movement as an unlawful society.
On 18 April 2013, after the ban of HINDRAF was surprisingly lifted and registration suddenly approved, Waytha Moorthy and the then ruling government Barisan Nasional (BN) had signed the Memorandum of Understanding (MoU).[23] At the MoU signing ceremony, Waytha Moorthy had also urged Indian voters to vote for BN in 2013 General Election (GE13), saying only the ruling coalition can take care of the community's welfare.[24]
Was the revocation order because Watya Moorty and HINDRAF agreed to support the then BN government? Well, remember that Watya, from May 2013 – February 2014 was Deputy Minister in the Prime Minister's Department.
If that is what led to REVOCATION ORDER, it just shows how the power of the Minister and the Societies Act can be ABUSED. If you are government friendly, then no problem with registration - or RISK of being declared UNLAWFUL. If you are not, or 'linked' to the Opposition,...this Act can be abused.
In the earlier post, I looked at how the State used the Act against political parties..
Will
PM Anwar REPEAL draconian Societies Act? The Act to prevent
registrations of Political Parties, to make unlawful societies,...????
Started looking at Societies Act, after our Home Minister gave an exemption to UMNO...
There are so many other reasons why the Societies Act need to be repealed, which MAY be dealt in later post - BUT Malaysia's draconian Societies Act must be repealed.
If there is a LAW - then the ACT must ensure speedy registration on application - no delays or refusal based on what may or may not happen in the future based on what the Registrar or Minister believes or thinks. If any Society or member commits a crime later, charge them in court - and pending the Court decision, there must be NO suspension of operations of any Society without a Court Order.
Well, another reason amongst other reasons why the Societies Act must be repealed - and Malaysians must be allowed to finally experience true Freedom of Association.
Registration is to enable Societies to open bank accounts, and to be able to sue and be sued. Registration is to protect members and membership rights. The right of the member against other members and the Society must be protected, including the right to bring any dispute to courts. REGISTRATION is not for the purposes of control of Societies by the State....it is wrong for the State to deny one's right to form or join an association....
More later...
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