MTUC leadership tussle: Court nullifies 2022 delegates’ conference

 

The Shah Alam High Court has nullified the Malaysian Trades Union Congress (MTUC) triennial delegates’ conference held on July 2 and 3 last year as invalid.

According to a written ground of judgment, judicial commissioner Choong Yeow Choy ruled that the 42nd conference is null and void for contravening its constitution.

Choong held that not only all decisions made during the conference were null and void, but the same goes for the election of the congress’ principal office-bearers.

Last year, former MTUC president Halim Mansor led a group of the congress’ major affiliates to file two lawsuits against the then newly elected principal officer-bearers over allegations that they went against the congress’ constitution when calling for the conference.

Former MTUC president Halim Mansor

Choong noted that the complaints of irregularities regarding the MTUC conference were indeed numerous and varied.

The judicial commissioner said that the way the conference was conducted requires strict adherence to the organisation's constitution as it involves the election of principal office bearers.

Election process

Choong also said if any of MTUC's constitutional provisions on these are violated, then the court may step in to preserve the integrity of the election process.

He noted that unlike other societies-related matters where only the Registrar of Societies (ROS) have the power to decide on and not the judiciary per the Societies Act 1966, the civil court is empowered to step in for the present legal actions because the ROS to date has not conducted a thorough inquiry into the current dispute.

Choong reiterated that the core business of the MTUC conference was affected by the failure to comply with the minimum period of a seven-week notice that every affiliated trade union is entitled under the constitution to submit their list of delegates and nominations for the election of principal officers.

The judicial commissioner said the MTUC election process was jeopardised when the nomination papers and list of delegates submitted by the plaintiff were rejected.

Choong said the civil court is unable to accept the defendants' arguments that the irregularities have been resolved via the delegates in the disputed conference having voted to 'regularise' said irregularities.

"While it is true that Clause 7 Rule 6(1) of the MTUC constitution recognises the delegates’ conference as the supreme authority of the MTUC, the fact that some of the delegates who were wrongfully barred from attending meant those who were present did not represent the entire body of delegates who were entitled to be at that said conference.

"In such a case, the sanction by the delegates present, sans those that had been wrongfully barred from attending, cannot be regarded as valid," the judicial commissioner said.

Safeguarding constitutional provisions

Choong ruled that the disregard for the provisions of the MTUC constitution relating to these matters had directly affected the integrity of the election process of the principal office bearers, which impacted the rights of members to partake in the election process in a meaningful way.

"This court is of the view that these constitutional provisions must be safeguarded, lest the good name and the role that an important body such as the MTUC play in the labour movement landscape are tainted and compromised," the judicial commissioner said.

Choong then concluded that the conference did not comply with the provisions of the MTUC constitution and thus was null and void, which also goes for all decisions made at the conference.

The judicial commissioner then awarded RM10,000 costs to the plaintiff for one of the two related suits, with the other suit having no order as to costs. - Mkini