DAP leadership to continue duties despite apparent RoS flip-flop, says Gobind

(Malay Mail Online) – DAP’s central executive committee (CEC) will continue to carry out its duties despite the Registrar of Societies’ (RoS)  reported  U-turn that the reelection of the party’s central leadership is invalid, its legal bureau chief Gobind Singh Deo said today.

Previously, the regulator conceded that its refusal to recognise the party’s top brass was not legally enforceable, causing DAP to withdraw a judicial review application it filed on the problem.

But today Malay broadsheet Utusan Malaysia reported RoS deputy director Mohd Norzam Mustapa denying making such a concession, saying the legitimacy of the DAP’s CEC remains invalid.

“As far as we are concerned, the CEC of the DAP may therefore go ahead and carry out all its powers, functions and duties in the administration of the daily affairs of the DAP in accordance with the Constitution of the DAP.

“In the meanwhile, we reserve our rights in the matter, including the right to move committal proceedings in the matter if necessary,” Gobind said in a statement..

The Puchong MP said Norzam’s statement suggested that the RoS appeared not to understand what had transpired in court on September 23, where the Senior Federal Counsel who represented the body agreed that the regulator’s decision not to recognise the DAP CEC reelection was not legally binding.

He said this was clearly stated in the transcript read out by Federal Counsel in court that day.

The transcript read: “The RoS takes the position that those statements (yet to recognise the CEC re-election) do not amount to any decision in law.

“As such, those orders are not legally binding and remain merely advice to the DAP and the ROS recognises that the DAP CEC elected on 29.9.2013 may carry out all its powers, functions and duties in the administration of the daily affairs of the DAP in accordance with the Constitution of the DAP.”

Gobind said RoS’ sudden backtracking has placed the Attorney-General’s Chambers in very bad light.

“Is the RoS now saying the Attorney-General’s chambers have no authority to make that concession on their behalf?” he said, adding that the burden is now not on the DAP to show legality but on RoS to prove otherwise.

The Puchong MP said as far as his party is concerned now, the position taken by the DAP all along that the RoS is not empowered in law to withhold recognition of its CEC.

“There is also no law which allows him to direct the CEC not to make any decisions for the DAP pending inquiries,” he said.