ANGKASA has lost its legality and credibility

Thuraisingham Shan

From the Annual Reports of ANGKASA, the Directors have amassed RM Millions in fixed allowances till 15th October 2010 in contravention of their by-laws clause 30(6) and in terms of their by-laws, they cease to be directors. As such all actions are deemed null as they cease to exist.

ANGKASA has portrayed themselves as an apex organisation vide a Government Gazatte dated 23 May 1996. ANGKASA had misled the then Minister to issue an ambiguous gazette to obtain apex status in terms of Clause 57 (2) of the Cooperative Act 1993. The said clause refers to cooperative organisations being approved to receive donations in the Cooperative Development Trust Fund which is maintained by the Malaysian Cooperative Commission.

ANGKASA had been administrated by 5 directors till 14th May 2011 in contravention of Section 42 the Cooperative Act 1993. As such, ANGKASA is constituted illegally and have contravened Section 91(c)  of the Cooperative Act 1993 and are liable on conviction to a fine not exceeding one hundred thousand Ringgit and shall be liable to a fine of RM100.00 daily.

The Directors of ANGKASA have at most times been elected at the Annual General Meetings by school children who are minors, who have voted in the said AGMs. They have also been voted by school teachers representing the schools cooperatives who are members of their own Teachers Cooperative. Their delegated powers to vote on behalf of minors is illegal. KOPERASI BIR. which has been suspended, was headed by a stalwart of ANGKASA.

The stalwart of ANGKASA has been implicated in a multimillion dollar money laundering scam, where a police report has been made and is yet to be charged.

The by-laws of ANGKASA was amended at a General Meeting held on 7th August 2010, and subsequently came into force on 15th October 2010. At the said meeting of 7th August 2010, the by-laws were adopted with a reduced quorum in contravention of Rule 6 (3) of the Cooperative Societies Regulations 1995, and school children who were minors voted for the amendents. As such, the amendment to the by-laws is ultra vires.

As such, Angkasa and its directors are lawless and a nullity all the way.

ANGKASA had spent RM Millions in their road shows, seminars, conferences and in their meetings to make reality the proposed cooperative banking venture. This expenditure was not approved at the General Meeting, thus ANGKASA and its directors had contravened Section 91 of the Cooperative Act 1993 and are liable and can be fined RM One Hundred Thousand and in addition liable for a daily fine of RM 100.

ANGKASA had set up a steering committee to establish a Cooperative Bank and the directors have held 9 meetings in the year 2010 with continued discussion on the proposed cooperative Bank.

An Extraordinary General Meeting was held on 7th August 2010 to obtain the approval to amend its by-laws. In the same meeting they had introduced illegally an emergency motion on the proposed cooperative bank, with a mandate to invest
RM100million.

The motion for approval was passed by 1041 members, which included votes by school children who are minors and teachers who represented the school cooperatives without capacity.

ANGKASA had issued public statements on the setting up of the Cooperative Bank in the, media. The Minister too had made statements in the media on the proposed Cooperative Bank. On 27th November 2010, the Minister, the Executive Chairman of the Malaysian Cooperative Commission, and the President of ANGKASA had used the parliament lobby to launch the purportedly approved Cooperative Bank.

When Bank Negara had brought about the “illegal” use of the Bank in contravention of Section 15 of the Banking Act, the President of ANGKASA backtracked and said that their intention was to set up a cooperative organisation Masraf ANGKASA (Masraf is an Islamic word for Bank) and had contravened Rule 49 of the Cooperative Societies Regulations and can be liable to be fined RM1,000.00 or to imprisonment for a term not exceeding six months or both.

In another media statement he had said that the proposal was to set up a Syariah Cooperative. ANGKASA and its directors have contravened Section 84A of the Cooperative Act 1993 and had a false report published in the addendum of the 28 the Annual Report and misled its members to obtain an allocation.

On January 13, 2011 in a press statement in The SUN, the Executive Chairman of the Malaysian Cooperative Commission had reiterated that ANGKASA is wrong in using the word Bank. Though he was the original approving authority for setting up of the proposed cooperative bank and had taken part in the pomp and pagentry of the launch of the cooperative bank which can be termed an illegal entity.

The sancity of parliament has been destroyed

Inspite of the illegality of the proposed banking sandiwara, ANGKASA had proceeded and continued to hold a seminar on the introduction of the Cooperative Bank. A cooperative member had made a police report on the illegality of the same and a report was forwarded to Bank Negara, with no action as yet.

ANGKASA and its directors had proceeded to publish the illegal launch and distributed about 20000 copies to the members of the cooperative fraternity and contravened Rule 49 of the Cooperative Societies Regulations 1995 and can be fined not over RM 1,000.00 and be liable to be jailed not over six months or both.

By a “perintah” the Executive Chairman had ordered the nullity of the resolution of the special general meeting. The said letter was publicly distributed at the Annual General Meeting of ANGKASA held on 14th May 2011. Thus the cooperative banking sandiwara is a nullity all the way. ANGKASA’s cooperative banking venture was illegal all the way.

Directors of ANGKASA had expended RM millions to introducing the illegal banking venture.

ANGKASA and its directors had contravened section 15 of the Bank and Financial Institutions Act and were inconsistant with section 84a of the Cooperative Societies Act.

Misleading statements had been issued in the various stages – the roadshows, seminars, conference and at various platforms, which contravened Rule 49 of the Cooperative Societies Regulations 1995 and can be liable to be fined not exceeding RM 1,000.00 or to imprisonment for a term not exceeding six months.

Economic Sabotage and spreading lies

ANGKASA the plaintiff had given consensus of opinion to the then Cooperative Development Department to amend the part of the Cooperative Act 1993, which compelled cooperatives to transfer RM billions accumulated over 87 years in the
Statutory Reserve Fund of indivudal cooperatives accumulated prudently to the new entity, the Malaysian Cooperative Societies Commission, to manage these funds.

Angkasa had given consensus approval to the cooperative department to amend the Cooperative Act 1993 to compel cooperatives to transfer portions of their share capital, subscription and assets as determined to a fund managed by the Cooperative Commission.

Angkasa had given consensus to the cooperative department to amend the Cooperative Act, that all offences punishable under the said Act shall be a seizable offence.

ANGKASA had not obtained concensus of opinion from the cooperative movement at large, both its members and non-members, for an opinion to transfer the accumulated funds to the Cooperative Commission to manage, and for the amendments.

At various forums, ANGKASA directors had been questioned on this matter and no positive answers were made available. The directors of ANGKASA did not have a concensus on this matter within themselves.

Schemers from the Cooperative Movement – an ANGKASA Director was implicated in a multi-million ringgit money laundering scheme and was also organizer of the illegal ANGKASA Cooperative Bank – has now intruded in the palace and religious organisations.

Thuraisingham Shan
Cooperative & Management Consultant
Advisor
Cooperative Union of Malaysia
Midlands Cooperative Union of Malaysia
URUSKOP (NGO)