Anwar - Can he be President of PKR? Societies Act says he cannot unless...

ANWAR IBRAHIM - Well, according to the Societies Act, he cannot be PKR President....because section 9A of the Societies Act says, '...'(b) if he has been convicted of any offence under any other law and sentenced to a fine of not less than two thousand ringgit or to imprisonment for a term of not less than one year'

9A  Disqualifications applicable to office-bearers, advisers and employees of registered societies

 

(1) Subject to subsections (2) and (4), a person shall be disqualified from being, and shall not become or remain, an office bearer, adviser or employee of a registered society-

(a) if he has been convicted of any offence against this Act; or

(b) if he has been convicted of any offence under any other law and sentenced to a fine of not less than two thousand ringgit or to imprisonment for a term of not less than one year; or

(c) if there is in force against him any order of detention, restriction, supervision, restricted residence, banishment or deportation under any law relating to the security of, or public order in, Malaysia or any part thereof, or to prevention of crime, preventive detention, restricted residence, banishment or immigration; or...

(2) The disqualification of a person under paragraph (1)(b) shall cease at the end of the period of five years beginning with the date on which the person convicted was released from custody or the date on which the fine mentioned was imposed, as the case may be.

These disqualification of members from being able to stand for elections...or become an office bearer of a Society is against the Freedom of Association...

Members of Societies should be FREE to choose amongst their members, who should be their President, Deputy President, Treasure and executive committee members - THERE SHOULD NOT BE ANY BAR/'disqualifications' IN LAW...

However, if members of the Society, feels that they should put it such 'BARs' or restriction in their own society rules and constitution, that is up to the members of the society ...that is their own rules. BUT very wrong for the Government(Registrar) to put in such restrictions through LAWS like the Society Act...

Did Anwar also have an EXEMPTION by the Registrar? (as provided for in Section 9A(4)..

(4) Any person who is subject to any disqualification under paragraph (1)(a), (b) or (c) may apply to the Registrar to be exempted from the application of such disqualification, and the Registrar may, if he deems it proper to do so, grant him such exemption for such period as the Registrar may specify and subject to such limitations, restrictions, terms or conditions as he may decide to impose.

It is a Society Matter - it is absurd for the Registrar of Society to have SO MUCH POWER - here they can grant exemptions ...how many people did not get these exemptions? Did Anwar and Rafizi get this 'exemption' just because the are from PKR - a component of Pakatan Harapan? REMOVE this kind of powers ...a Society internal operation will be monitored by members themselves...And if members have any grievances against the Society, these should be taken to the Court - not the Registrar..

WHAT DOES PKR CONSTITUTION SAY...?

If the PKR constitution or rules also contain similar prohibition - i.e. a member who has previously been convicted cannot be nominated or elected as an Office Bearer, then only the said society can CHANGE the rules...and, if this would involve a Constitution  amendment ...then, the members can do so in the manner provided. Normally, for a Constitutional amendment - it will require the support of more than two third of the membership attending a General Meeting ...not a simple majority.

Does PKR Constitution have such a restriction? 

Well, if it does, then there must be a Constitution amendment first...

Will the REGISTRAR of Society's exemption overrule RESTRICTIONs in a Society's constitution? NO - the Registrar does not. ONLY the Society does...

In Malaysia, freedom of association has been denied for too long, powers that should be with members have been taken over by the Government(i.e. the Registrar of Societies)

Hopefully, the new government will repeal provisions in the Societies Act - and give us real FREEDOM OF ASSOCIATION...

 

Members decide who their leaders will be - It not for an ACT of Parliament to tell us that we cannot elect people who have been convicted of a crime. Members are responsible and will decide on such matters  ...not the REGISTRAR of Societies...not the Government...

 

Anwar's Pardon - Does it specifically cover the restrictions in Societies Act?(Have not seen the actual words of that Royal Pardon - it really should be made available to the public ...why the 'secrecy'? - there is no need)

 

ANWAR - has been convicted and sentenced to prison for more than  one year...

 

ANWAR has received a Pardon from the YDP Agung - but does that affect the restrictions imposed in the Societies Act?

 

When it comes to Elections as 'wakil rakyat'(MP/Senator), the Pardon removes the restriction of 5 years after release...it is, also stated in that Election law. But, the effect of a Pardon is not mentioned, I believe, in the Societies Act....

 

What about the PKR Constitution itself? (could not find it online). Does the PKR Constitution have similar 'unjust' restrictions that prevents people convicted before from standing for elections? Or maybe, it does not...

 

ANWAR Pardoned - please get pardons for others speedily too 

 

PH-led government moved speedily to get Anwar pardoned...which qualifies him to immediately contest to be an MP/ADUN and even a Senators....BUT, why were others also not similarly pardoned... YES, those who have been convicted for Sedition, offences in violation of freedom of expression/opinion and peaceful assembly. etc ...should really all be pardoned...so that they too enjoy the right to be able to run and possibly be an MP/ADUN and/or Senator... This is only right and JUST. (Why only bothered about Anwar...and not others, not just those in PH parties but everyone...Why was not a pardon sought for Rafizi, Tian Chua,...). How many good people cannot now contest in upcoming by-elections and maybe even the next General Elections ...ACT NOW...Act fast...for ALL (not just PH people and friends)

In my opinion, once a person served his sentence and/or paid his/her fine, he/she should automatically be entitled to stand for elections and be elected a MP or ADUN ...Where is this reform?

FREEDOM OF ASSOCIATION - Amendments are seriously needed in Societies Act, Trade Union Act, etc ..

No more such restriction barring members from being able to contest in society and trade union election (The power to choose leaders rest with members, and  members ONLY).

No more the need for REGISTRAR's approval before constitution amendments take effect ... It is absurd that after members of Society/Trade Unions have decided that the decision cannot be acted on until the Registrar approves....One Trade Union decided to increase union fees - but the Registrar said 'No'... Such powers should not be with the Registrar.