MTUC deadlock - presidential candidate seeks ROS intervention

 

A former Malaysian Trades Union Congress (MTUC) president will seek the intervention of the Registrar of Societies (ROS) one last time before filing for legal proceedings over an election deadlock dating back to September 2020.

In 2020, the vote count for the president's post was tied between Abdul Halim Mansor (above) of the National Union of Petroleum and Chemical Industries Worker (NUPCIW) and Mohd Jafar Abd Majid of the National Union of Telecommunication Employees. 

However, Abdul Halim claimed that neither man had been able to see a rematch owing to unconstitutional practices by other newly appointed leaders.

Seeking redress or guidance from the ROS, Abdul Halim said his numerous correspondences to their offices in Selangor and Putrajaya were to no avail, which led to MTUC operating without a president.

In his letters, Abdul Halim had raised issues as they had transpired. The first was the newly elected leadership's decision to ignore the ROS advice to hold re-election for the president's post between the two candidates whose votes tied without the third losing candidate.

"Then the leadership tried to bring forward the Triennial Delegates Conference (TDC) to 2021 before the 2020-2022 term was over and were trying to do so again, this year, just months before dates stipulated in the constitution," he explained.

As if offering a respite to this saga, on March 15 this year, his contender, Jafar, graciously bowed out of the rematch that never took place, stating in his letter to MTUC that it was his wish to "ease the presidential election crisis". He added that it would allow for the senior officer bearers' posts to be complete.

General council meeting unconstitutional

Jafar, whose letter was addressed to the newly elected MTUC secretary-general Kamarul Baharin Mansor, also hoped that his sacrifice would return MTUC's focus to the workers' struggle in the country.

Abdul Halim explained that Jafar's sacrifice was to step aside so "I could take up the presidential post as we were the tied winners at the 2020 TDC".

"Without even informing me, he willingly stepped aside so the situation would be resolved.

"The decision made by voters at the TDC does not need the approval of any committee, and I am supposed to ascend to the position as president after Jafar graciously stepped aside," he said.

Following a general council meeting held on Sunday, March 20, where it was decided that Abdul Halim could not take up the president's post, he said: "They did not even recognise me as a candidate and have denied me my right to hold the presidency."

"The new leadership has distorted the MTUC constitution in order to monopolise the leadership posts.

"The general council meeting on Sunday was unconstitutional as everything they did was against the rules set out in the MTUC constitution, starting from the location of the meeting, those persons allowed into the meeting, documents and accounts that were tabled and passed without an avenue for objections," he added.

However, Abdul Halim said he still believed that the ROS was the right place to take up his grievances and would write to them on what transpired at the general council meeting on Sunday.

"I will write to the ROS with references to the Societies Act 1966, which also governs their jurisdiction over MTUC and the implementation of the MTUC constitution.

"I hope they can take action and instal me back as the rightful president.

"I will give them a week before I file an injunction against the decision made against me at Sunday's meeting," he added.

TDC set for July

When contacted, Kamarul said the general council on Sunday voted on the status of the president and decided the position was not Abdul Halim’s.

MTUC secretary-general Kamarul Baharin Mansor

In his message to Malaysiakini, he said that the meeting also decided to hold the TDC on July 2 and 3 and indicated that the general council had invoked Rule 8(11) of its constitution.

This rule stated that the general council could interpret the rules when necessary and determine points of which the rules were silent.

MTUC president most powerful post

Citing Rule 7(13) of the MTUC constitution, Abdul Halim said should a situation arise that a president could not be elected, the incumbent president would automatically take up that position.

Abdul Halim, who has been the NUPCIW secretary-general since 1986, defended his position as MTUC president in a three-way contest at the 2020 TDC.

"They refused to abide by Rule 7(13), which would have acknowledged me as the president," he said.

He explained that Rule 7(13) was also why the MTUC constitution did not provide for the deputy president to take up the role of acting president in the event a president was not elected.

"Mohd Effendy Abdul Ghani, who was elected as deputy president, was not made acting president, and this was unconstitutional," he added.

Abdul Halim previously served as MTUC deputy secretary-general for 12 years, three years as secretary-general and three years as the organisation's president.

He pointed out that Rule 7(2) dictated that the general council meeting be chaired by the president.

"The president's post in MTUC is the highest and most powerful post," he said. - Mkini