YOURSAY | Does decision on Umno 16 mean political parties and ROS are above the law?
Anonymous 2478181499087834: Umno members cannot bring the dispute to court, non-members will be declared to have no loci standi. So, who can bring the case against Registrar of Societies (ROS) to decide whether its decision is illegal or not?
It looks like ROS can decide whatever it likes and nobody can question it. Not even the courts.
I thought nobody is above the law. What a sickening joke this is, and a tragedy for our beloved country Malaysia.
Bulls**tWalks & Money Talks: The judge may have misinterpreted the application for leave.
The Umno 16 are bringing the ROS to court to compel the registrar to enforce Umno’s constitution. They are not bringing any party's decision to court.
KSD: A party dispute? Even a layman like me knows that this is not a party dispute. This issue has to do with adherence to the constitution of the party.
This says a lot about the state of our judiciary today.
Babylon: Justice Kamaludin Md Said said Section 18C of the Societies Act 1966 applied, whereby members cannot bring party disputes to court.
So, if the top party committee abuses its authority, no one can question them, not even the courts?
Pemerhati Bebas: Indeed, the suit was against the ROS for acting beyond its authority.
In his ruling, the judge did not even say whether the ROS had acted lawfully or not. He has totally missed the point by miles.
For a High Court judge to not understand the case in his own courtroom is really baffling. This is scary.
Ipohcrite: If it does not apply to political parties, are we saying that political parties are above the Federal Constitution and the law?
That's clearly a flawed reading of Section 18C of the Societies Act. And how, or under what circumstances, can the decision of the ROS and/or ultra vires actions be reviewed?
Kim Quek: So, political parties are above the Federal Constitution and the law. What a revolutionary discovery by our learned judge.
By the way, what about the ROS, which has acted above its legal power to illegally grant Umno an extension of time to conduct its party elections?
Is ROS also above the federal constitution and the law, justice Kamaludin?
Cocomomo: Did anyone seriously expect any other decision?
Caripasal: The Umno constitution is more powerful than the Federal Constitution. This case involves decisions made by ROS, as ROS has violated the power granted to them by allowing the extension of the tenure of the Umno supreme council without elections.
The 16 disputed the decision by ROS, and anyone can bring the case to the court to challenge ROS' decision.
Res Ipsa: What an excellent decision. Based on this rationale, Umno can go on as a legal society for the next 50 years without holding any elections, since party disputes cannot be brought to court.
TN50, here we come.
Varuna: It is amusing to reflect that a Malay tsunami in favour of Umno/BN has been a permanent feature of national elections in the peninsula for some 55 years now.
A Malay tsunami is again much needed now as is obvious from the intense campaigning, not in favour of Umno/BN but in favour of Pakatan Harapan, so as to steer a nation that has defaulted on good governance, peace and prosperity.
Interestingly - and this must be underlined for general information - both Umno/BN and Harapan who are the principal contenders in this election are Malay-dominated.
The fundamentals of “ketuanan Melayu” are not under threat of change. However, a sense of propriety, responsibility and accountability in governance is on the horizon if the tsunami favours Harapan.
But the challenge is the temporal and the spiritual intercessions that will impact the elections. It is not surprising that PAS has declared its mission to contest over 160 seats.
NoNonsence: It is definitely a tough uphill battle for Harapan against an extremely powerful, ruthless and unjust foe that has little or no respect for the law.
But we trust the voters, in particular the Malays, have wisdom and are not just capable but also willing to bring about the tsunami the people are yearning for.
Anonymous #19098644: This might not be totally wrong because, firstly, the survey was conducted up to April 9, and the last three weeks have seen a major shift in rural Malay support.
Secondly, the concentration of Malay support for Umno on the east coast means that on the west coast, the percentage of Malay support is significantly lower, while that of Harapan is much higher.
Third, you need to adjust for urban-rural differences in support. Thus, if you take in the momentum of the last three weeks and the momentum going forward, you will get a much more accurate statistical forecast.
On the west coast, it is more like 40 percent support for Umno and 40 percent for Harapan, with PAS probably at 15 percent, and 5 percent who don’t care and don’t know. On the east coast, it is a different story.
Mindful: Although the survey is useful, most of it is based on what people “talk about” and not what people “think about”. Malaysians will reveal their frustration through the ballot boxes.
For sure, this is going to be the most unpredictable election so far, and the ruling party will definitely be losing some seats even if it succeeds in governing the country again.
Anyway, what people will be watching is how the new government is going to manage to ensure the low-income group does not face further hardship, whilst unemployed graduates are able to find a decent job. - Mkini
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