Monday, August 17, 2020

Mahathir's explusion and recent court's dismissal of his 'wrongful dismissal' from BERSATU case highlights again why Societies Act need to be REFORMED?

When Mahathir becomes a victim of the Societies Act, it highlights again the FLAWS and injustices of this ACT.

Many may have forgotten that the laws requiring registration of trade unions and societies were really an attempt of government then to 'control' and weaken trade unions and the peoples' movement. This was what the British Colonial government did - which sadly, the UMNO-led government failed to remove these 'bad' laws - but continued to use - and in some case, even 'tighten' it further to control Malaysians freedom of association...

Odd for members of societies wrongfully dismissed from societies not to be able to straight away go to court to reinstate their 'wrongful' termination of membership. This is a fundamental flaw which gives too much power to the elected leaders to simply get rid of members...with no easy remedy in courts.

In Mahathir's case, Mahathir already won for he was uncontested for the post of Chairman - but then, the party 'expelled' him.

In a few months, the BERSATU leadership may decide expel Party president Muhyiddin - and he too will not have access to court to challenge this? 


18C  Decision of political party to be final and conclusive(Societies Act)

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.

This amendment came into being in 1990 - possibly after the UMNO de-registration -- and it now gives 'ABSOLUTE' ...powers to the political party leadership > they can kick out any member, AND even our Malaysian courts will have no power to deal with the violation of the member's rights. This is so unjust...

Even a Minister's decision can be challenged in court by way of JUDICIAL REVIEW - but not so for a political party's decision? This is so wrong...what happened to the RIGHTS of members?

But, in Malaysia, a member victim has no RIGHT and ability to challenge his/her wrongful expulsion from a political party - and this is wrong.

There are a lot of unjust provisions in the Societies Act, the Trade Unions Act, the University and University Colleges Act - which must be removed. PH promised to do this - but alas they did not do it fast enough before they were ousted from power...Wonder whether all these needed amendments were already 'about' to be tabled in Parliament or not?

SPEED is essential - PH should have immediately tabled the needed Bills to repeal unjust laws, and/or to remove unjust provisions in certain laws. The 2nd reading and the 3rd reading could always be delayed if there was no time to do so during the this or subsequent setting - AT LEAST, Malaysians would know that all these promised reforms were coming ... 1 year passed...then almost 20 months...

Show us at least the DRAFT Bills, to prove that you were going to do as promised...

Mahathir was Prime Minister(1981-2003) when the law was amended to include new sections 18A,18B,18C, the Societies Act. He was PM of the 'ALTERNATIVE' PH Plus government too..

It's funny that he now falls victim to this draconian provision in the Societies Act...

Many of us too may not be bothered, until we (and/or our friends/family) becomes victims to draconian unjust laws...Whether we may be or will not be victims is irrelevant - we must all struggle to bring about greater JUSTICE in Malaysia..

Court junks Dr Mahathir’s suit against Bersatu termination

The High Court has dismissed the lawsuit of Tun Dr Mahathir Mohamad and four others over the revocation of their party memberships. — Picture by Hari Anggara
The High Court has dismissed the lawsuit of Tun Dr Mahathir Mohamad and four others over the revocation of their party memberships. — Picture by Hari Anggara

KUALA LUMPUR, Aug 7 — The High Court has accepted Bersatu president Tan Sri Muhyiddin Yassin’s application to dismiss the lawsuit of Tun Dr Mahathir Mohamad and four others over the revocation of their party memberships.

According to the Malaysiakini news portal, judge Rohani Ismail decided this after concluding that Dr Mahathir and the other plaintiffs have no legal standing to sue over what they claimed were the unlawful termination of their Bersatu memberships.

The judge further cited Section 18C of the Societies Act 1966 that prohibited litigation of internal party affairs.

The other plaintiffs were Datuk Seri Mukhriz Mahathir, Datuk Seri Marzuki Yahya, Maszlee Malik, and Datuk Amiruddin Hamzah.

The judge also directed Dr Mahathir and the four to pay RM30,000 in cost.

Aside from Muhyiddin, the others in the successful application were Bersatu officials Datuk Seri Hamzah Zainudin and Muhammad Suhaimi Yahya, and Registrar of Societies.

Lawyer Haniff Khatri Abdulla who represented Dr Mahathir said he would inform the latter that there could be room to contest today’s decision.

“But whether the appeal will be filed or otherwise will be determined by the plaintiffs upon considerations of the political developments in the nation

“So at this juncture, I will not be able to confirm if and when the notice of appeal will be filed,” he was quoted as saying.

However, another development suggested that Dr Mahathir was unlikely to challenge the decision.

Earlier today, Sinar Harian reported that the former prime minister could launch yet another party this afternoon that will be named Parti Bersatu Rakyat Malaysia, in an apparent attempt to use the term “Bersatu” from Parti Pribumi Bersatu Malaysia.

The term Bersatu was already a reference to Umno’s name in Malaysia, Pertubuhan Kebangsaan Melayu Bersatu (United Malays National Organisation).

Dr Mahathir and four other MPs had on June 9 filed a lawsuit to challenge Bersatu’s termination of their memberships and effectively their leadership roles  in late May, besides also seeking compensation.

Among others, they had sought court orders to declare that Bersatu president Muhyiddin was not the acting chairman of the party and that Hamzah’s appointment as the party’s secretary-general was invalid.- Malay Mail, 7/8/2020

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