Hamzah Zainudin/Rafizi and the issue of Freedom of Association > evaluating how democratic Malaysian political parties are, and whether it does or does not respect the right of Freedom of Association, which includes the RIGHT OF MEMBERS in an Association?
Our Federal Constitution only talks about the right (c) all citizens have the right to form associations, but does not clearly talk about the right of Freedom of Association.
Freedom of Association rights have 2 aspects - the rights of the Association, and the rights of members of an association.
The bosses, or the highest decision making body of any association is the MEMBERS - and practically, this power is exercised by members at a General Meeting. If the INCUMBENT leadership decides to expel, suspend, or impose any punitive action on a member, that member has the right to ask the General Membership at a General Meetings to review that decision. Practically, it is difficult, because member General Meetings occur usually once a year, and sometimes even after a longer period.
Then, the only manner, in which to raise the issue is by submitting a MOTION for the consideration of the General Meeting - but then, sometimes the incumbent leadership can 'block' such motions...
ALL in all, it is VERY DIFFICULT especially for an already expelled or suspended member to ask the bosses, members at a General Meeting - to RESCIND the party's or association decision of wrongful expulsion of members > thus, the ONLY available avenue is the INDEPENDENT COURT by way of a Judicial Review application...
In Malaysia, that access to Court for MEMBERS have been unreasonably shut since ___, when after the Courts declared UMNO illegal, the then BN government wanted to shut the door to member's access to COURT - to challenge wrongful termination/suspension or any other decisions of the Party(really meaning decisions of the incumbent leadership) even if it may be against the Party's own Constitution, or against the law..that was a NEW part 1A PROVISIONS APPLICABLE TO POLITICAL PARTIES ONLY - And, under that part was section 18C
Section 18C Societies Act 1966 Decision of political party to be final and conclusive
The decision of a political party or any person authorized by it or by its constitution or rules or regulations made under the constitution 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 proceedings on any ground regarding the validity of such decision.
The amendment was WRONG and discriminatory - ONLY for Political Parties. Not only can no member challenge a party decision in court - BUT No court can also entertain or consider such application.
EFFECT - Political parties became DICTATORIAL - the incumbent leadership decides, and that is it.
So, now political party incumbents have the power to even EXPEL or suspend members - who may challenge for leadership at upcoming party internal elections... Could we say that may be what happened in UMNO when
On January 27, 2023, UMNO (United Malays National Organisation) sacked former health ministerKhairy Jamaluddin and suspended former defence minister Hishammuddin Hussein for six years due to disciplinary breaches..
Now because of 18C - Khairy and Hishamuddin could not go to court...was it because of real 'misconduct'.. or was it really to prevent them for challenging for top leadership position at the next party elections?
Similarly, PKR also 'PKR deputy president Mohamed Azmin Ali and vice-president Zuraida Kamaruddin have been sacked from their party, its national leadership committee decided today.... PKR sacked some 11,000 members aligned to its former deputy president Azmin Ali following the Sheraton Move which saw the collapse of the Pakatan Harapan (PH) government two years ago...PKR has expelled 28 members, including elected leaders, for holding membership in other political parties,
Parti Pribumi Bersatu deputy president Datuk Seri Hamzah Zainudin has been expelled from the party, effective immediately, following a decision by the party’s disciplinary board.
Amanah has sacked 58 party members this year for taking part in the internal elections of other political parties, says secretary-general Faiz Fadzil.
The membership of three PAS State Assemblymen (Adun) in Perlis has been terminated with immediate effect based on Clause 76 and Clause 15A(1)(b) of the PAS Constitution (2025 Amendment).
DAP's disciplinary board today has decided to uphold its decision to sack 38 of its members.Out of the 38, 12 of them were sacked for standing as independent candidates. The remaining 26 members were dismissed for breaching party discipline.
The issue is NOT whether the political party was RIGHT in taking such actions - The issue is that ALL these political party members HAVE no right to challenge their 'wrongful dismissal' - was it really a serious misconduct or a breach of party Constitution? Did it warrant a DISMISSAL? What party leaderships says may be 'LIES' and the real reasons are some other > that is why Section 18C must be repealed - so party members have the access to COURT to determine whether party actions was just and in accordance to law OR was it just some 'bullshit' to justify removal of some members???
If political parties believe that what they did was RIGHT - there is no reason for them to even worry that the COURTS will decide that the party was wrong and did injustice?
What is a POLITICAL party or an association?
It is not an association or group of people that agree to be continuously LOYAL and unquestioning about the actions/omissions of some leader? Then, that is no more a 'democratic' society or political party.
Any association or society is like Malaysia - they are a mix of people, all with different views and opinions about all kinds of issues - even on who should lead. People also change their minds when situation and leaders change.
Malaysians once were OK with ISA and Detention Without Trial - then they changed their view and position and felt that it was 'WRONG' - they wanted no more Detention Without Trial - they wanted FAIR TRIALS - and no more wanted Detention Without Trial - where the Minister decided whether one is 'GUILTY' and should be punished with 'detention' or 'restrictions' indefinitely. They preferred that it is the COURT that decides on GUILT and sentence. Hence, Najib's government abolished the ISA(Internal Security Act) and the Emergency (Public Order and Prevention of Crime) Ordinance 1969.
But, Malaysia still continues to have Detention Without Trial laws like the new Prevention of Terrorism Act 2015 (POTA) and the amended Prevention of Crime Act 1959(POCA) - but sadly PM Anwar(who once said he opposed Detention Without Trial laws) has DONE NOTHING to repeal Detention Without Trial - If ONE is truly GUILTY, the Courts will decide and punish accordingly...
THUS, why is PM Anwar's MADANI GOVERNMENT afraid of the Independent Courts - Why do you not want to restore ACCESS to political party members access to COURTS - for even political party incumbent leaders CAN MAKE MISTAKES and cause injustice to members. REPEAL Section 18C NOW.
WHY DO PEOPLE JOIN POLITICAL PARTIES AND societies?
People join political parties or other societies primarily because they AGREE with the principles and issues that the particular party stands for >>> but in Malaysia, many political party seem to have NO CLEAR BASIC stance, or principles... on issues - Healthcare, Education, Workers/Labour, On Climate Change and Environment, on RARE Earth, etc >>> This is very different from party election Manifestos, which is usually is just for General Elections > not really reflective of the party's PERMANENT position.
Of course, some join for 'ulterior motives' more so when the party has Federal or State power in government - they join to increase chances of getting government contracts/projects, to improve the chances to get scholarships for their kids, increase opportunity to get low-cost houses and/or land, to get... After GE14, when BN lost - we saw a large exodus of members/leaders even MPs/ADUNs from BN to the parties that won and wai in government. CONCLUSION - these were those that never really believed in the Party principles and stance - they readily move to 'who' has government power....MMMM..
What do this POLITICAL Party stand for?
Let us LOOK at other countries where POLITICAL parties have CLEAR STANCE and positions..
In US, for example we have 2 major parties, where their position and differences are KNOWN and constant..
Another example, from UK
Key Differences Between Major UK Parties
- Conservative Party (Tories - Blue):
- Position: Centre-right.
- Ideology: Conservative, unionist, free-market economics.
- Key Focus: Lower taxation, strong law and order, and national security.
- Economic View: Favors limited government intervention and encourages private sector competition.
- Labour Party (Red):
- Position: Centre-left.
- Ideology: Social democratic, historically linked to trade unions.
- Key Focus: Strengthening public services (e.g., NHS), reducing economic inequality, and supporting workers' rights.
- Economic View: Supports higher investment in public infrastructure, potential nationalization of key industries like energy.
- Liberal Democrats (Lib Dems - Yellow):
- Position: Centrist.
- Ideology: Liberal, pro-European.
- Key Focus: Human rights, individual liberty, civil liberties, and environmentalism.
- Economic View: Balances supporting the needy with promoting business freedom.
- Green Party (Green):
- Position: Left-wing, often to the left of Labour.
- Key Focus: Radical climate action, social justice, and environmental protection.
- Economic View: Opposes "consumerist capitalism" and advocates for a rapid transition to renewable energy.
In Malaysia, it is NOT SO CLEAR what our major political party stands for is NOT CLEAR...many political parties are personality driven or are 'breakaways' from some other party - BUT the question is what exactly is their stance.
PH once promised LOCAL Council Elections, The PM will not be the Finance Minister, Sedition ACT will be repealed - but what happened?
SADLY, in Malaysia many of the OPPOSITION parties have its roots in that OLD BN parties - and somehow the bad practices in UMNO, MIC, MCA, etc creeps into these new parties like PKR (led by a former UMNO leader), BERSATU (led by a former BN leader), MUDA (started by a former BN leader) - thus, where are the NEW political parties - we need NEW political parties not led by politicians from other parties...
We have PSM(Parti Socialis Malaysia) and the PRM(Party Rakyat Malaysia) - but somehow they still fail to attract sufficient support from Malaysians...
WHICH Malaysian political party is on the side of WORKERS? Which political parties is on the side of FARMERS and fisher folk?
Which political party is for FREE Education until University? For UNIVERSAL affordable healthcare for all?
Which political party is for the OLD-AGED - that will ensure government old-age day care centers in all towns, government nursing homes for the AGED, monthly welfare aid to old folks sufficient to cover their living expenses monthly?
YES - these are OLD folks, no more able to contribute to the economy - but we have a DUTY OF CARE for these Malaysians who contributed for years to make Malaysia what it is?
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