Section 18C now says. ‘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.’
For, so long as this draconian Section 18C, a political party can so easily VIOLATE the rights of its members.
Have you not wondered why Anwar Ibrahim and Muhyiddin Yasin never challenged their expulsion from UMNO in Court?
'This was possibly what happened prior to the last UMNO elections, which saw the expulsion of Khairy Jamaluddin, suspension of Hishammuddin Hussein and expulsion/suspension of others.'
So this means, that the current leadership of political parties - can violate its member's rights, and even do something in violation of party's own rules/constitution/principles - but no member can have recourse to COURT to correct this wrong.
This can happen to any political party - DAP, PAS, Amanah, PKR, UPKO....
Victims of this draconian Section 18C, like Anwar and Muhyiddin do have the opportunity to get rid of these draconian provisions in the Societies Act, but it seems that 'when in power' they would rather keep bad laws as is - to be able to USE it for their benefit.
See more detailed discussion on this bad law -
End oppression of members of political party & Denial of the freedom of association (and member's rights) - Repeal Societies Act, including Section 18C that deny members of political parties’ access to court when they are oppressed or are victims of abuse of power of party leaders(MADPET)
Labuan MP drags Bersatu to court over effective expulsion for Anwar support
KUALA LUMPUR, July 11 — Labuan MP Datuk Suhaili Abdul Rahman is suing Bersatu for revoking his membership for supporting the prime minister, claiming this to be unlawful and unconstitutional.
In the lawsuit filed with the High Court here on Monday, according to Free Malaysia Today.
Suhaili accused Bersatu of violating his constitutional rights to personal liberty, free speech, and association, and for obstructing him in his duty to serve his Labuan constituents by obtaining development funds for their benefit.
He additionally accused Bersatu of acting criminally in the matter, alleging its decision harmed the country’s parliamentary democracy, which was an offence under Section 124B of the Penal Code.
Suhaili alleged that the revocation was effectively an expulsion, which would safeguard his seat under the exceptions allowed under the anti-hopping law incorporated into Article 49A of the Federal Constitution.
Suhaili and five other former Bersatu MPs previously declared support for Prime Minister Datuk Seri Anwar Ibrahim despite being members of the Opposition party.
Aside from Shuhaili, the five are Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Mohd Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang) dan Datuk Zulkafperi Hanapi (Tanjung Karang).
Bersatu subsequently sacked the Labuan MP and suspended the others.
Yesterday, Bersatu president Tan Sri Muhyiddin Yassin criticised Dewan Rakyat Speaker Tan Sri Johari Abdul’s for refusing to declare vacancies in the six MPs’ seats, saying it contravened the letter and spirit of anti-hopping law.
Earlier today, Anwar defended Johari's decision and said the Speaker acted in accordance with the Federal Constitution. - Malay Mail, 11/7/2024
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