Basic principles relevant to the actions of the disciplinary board
Money politics is nothing but a euphemism for political bribery, and political bribery is a crime covered by the Penal Code. If you know of a crime but do not report it, you become an accomplice to the crime.
Tengku Razaleigh Hamzah
1) Eligibility to hold office is a right of membership
The disciplinary board barred Dato’ Seri Mohd Ali Rustam from elections without suspending him from the Party. However I do not see how they may bar him from contesting so long as he remains a member of the Party. The Societies Act defines the “eligibility to hold office in the committee or governing body of the society,” along with the right to vote, as a constitutional right of every member. The disciplinary board can remove certain privileges but not rights provided by the Constitution. Umno’s constitution cannot be interpreted contrary to the Societies Act.
So long as Mohd Ali remains a member, it is just as wrong to deprive him of his candidacy as to deprive him of his right to vote.
Datuk Norza, who is being investigated by the MACC, is still a candidate. What holds for Norza holds for Mohd Ali too. Members may not be barred from contesting.
Mohd Ali can appeal to the Registrar of Societies to put a stop to the Elections if he is unlawfully deprived of his eligibility for office. At the very least, his appeal against his punishment needs to be heard before the party elections commence next week.
