Will Umno cease to exist on 25th January 2021?
With the current political turmoil sweeping Malaysia, how will the Federal Court rule on 25th January 2021? Will Umno, again, face deregistration like what happened 33 years ago in 1988? More importantly, will the Federal Court be subjected to any political pressure to come out with a decision favouring certain parties? It could be that this ongoing Umno-PPBM “war” might in the end be “settled” by the Federal Court.
NO HOLDS BARRED
Raja Petra Kamarudin
Razaleigh’s supporters were upset by the election, which they insisted had to have been rigged. Their anger was exacerbated by Mahathir, who went on to purge all Team B members from the Cabinet. As a result, 12 UMNO members filed a lawsuit in the High Court, seeking a court order to void the election results and pave the way for a new election. The plaintiffs alleged that 78 of the delegates had been selected by branches not registered with the Registrar of Societies, and as a result were not eligible to vote. They also claimed that certain documents related to the election had been “tampered with”. Although Razaleigh was not among the twelve plaintiffs, he was widely believed to be funding and co-ordinating the suit. (Means, Gordon P. (1991). Malaysian Politics: The Second Generation. Oxford University Press).
In the end, Harun dismissed the suit, citing Article 41 of the Societies Act 1966, which stated any society would automatically become “unlawful” if any of its branches were not registered with the Registrar of Societies. As a result, Harun declared he had no choice but to declare UMNO “an unlawful society”, thereby rendering “what happened in 1987” a nullity. In his decision, Harun blamed Parliament for forcing his hand: “If the old law was in existence… [one could] apply the common law principle, but here it seems the Parliament, to ensure strict compliance with the law, has made this provision look harsh. (Means, Gordon P. (1991). Malaysian Politics: The Second Generation. Oxford University Press).
Those who had been around or old enough in 1987-1988 will remember how Umno was declared illegal and had to be wound up and two new parties emerged in its place — Umno Baru and Semangat 46. Is this going to happen again on 25th January 2021?
After the birth of Umno Baru 33 years ago, it is Umno lawan Umno all over again
Feedback which Malaysia Today received is that 33 years after Umno Baru was born — to replace the old Umno that lived for 42 years (1946-1988) — the party might again face deregistration. And this time it involves the 16 Umno members whose membership were terminated.
This matter was first reported by Charles Hector on 30th April 2018 in his blog posting titled “UMNO 16 terminated for going to court to seek justice? Something very wrong…”
16 members of Umno applied to court to review the decision of the Registrar of Societies (RoS) to allow Umno to postpone its Elections for another year…Well, according to the Umno Constitution, Elections are to be held every three years, and further that the Umno Supreme Council have the right to adjourn elections for 18 months. Well, that three years and 18 months extension had passed…and then Umno apparently applied to the RoS for a further one-year extension…and the RoS granted it. (READ MORE HERE).
The suit, however, was thrown out.
A leave application for judicial review by 16 members to determine the legality of Umno was thrown out today as the court is not empowered to interfere in the affairs of political parties.
Judge Kamaludin Md Said ruled that Section 18C of the Societies Act 1966 excluded the jurisdiction of the courts in such matters. (“Court dismisses bid by 16 to determine legality of Umno”, Free Malaysia Today 27th April 2018, READ MORE HERE)
The 16 sacked Umno members, however, have appealed the court’s decision and the matter is now at the Federal Court and will be decided by a panel of five Federal Court judges on 25th January 2021.
Mohd Hafarizam Harun, lawyer for Umno
The Appellants filed an application for judicial review, inter alia for the following:
a) an order of certiorari to quash the decision of the RoS which allowed an extension of time for Umno to carry out its elections at all levels;
b) a mandamus order to compel the RoS to provisionally dissolve Umno and for RoS to suspend all Umno activities until the judicial review is completed; and
c) a declaration to cease the legality of Umno branches and dissolution of all party divisions and the Umno Supreme Council effective 20.4.2018.
The primary argument raised by the Respondent is that the Court has no jurisdiction to hear the matter because of the express provision of Section 18C of the Act 355.
The leave application was dismissed by the High Court. The Appellants then appealed the decision. However, the Court of Appeal (CoA) upheld the objection of the Respondent and dismissed the appeal. The CoA also distinguished S.18C from the case of Semenyih Jaya and Indira Gandhi which relates to a different matter.
Article 10.16 of Umno’s Constitution states:
Majlis Tertinggi berhak menangguhkan pemilihan di peringkat Majlis Tertinggi, Bahagian dan Cawangan. Penangguhan ini tidak boleh lebih daripada lapan belas (18) bulan dari tarikh pemilihan yang sepatutnya ia diadakan.
Mohamed Haniff Khatri Abdulla, lawyer for the 16 sacked Umno members
The issues before the Federal Court are:
a) Is Section 18C Societies Act 1966 (Act 335) which ousts any Courts’ jurisdiction to entertain or determine any suit, application, question or proceeding on any matter relating to the affairs of the party, ultra vires Article 121 of Federal Constitution?
b) Is the Federal Court decision in Pendaftar Pertubuhan v Datuk Justine Jinggut [2013] 2 CLJ 362 still good law in light of recent decisions of the Federal Court in Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Anor Case [2017] 5 CLJ 526 and Indira Gandhi Muthiah v Pengarah Jabatan Agama Islam Perak & Ors And Other Appeals [2018] 3 CLJ 145?
With the current political turmoil sweeping Malaysia, how will the Federal Court rule on 25th January 2021? Will Umno, again, face deregistration like what happened 33 years ago in 1988? More importantly, will the Federal Court be subjected to any political pressure to come out with a decision favouring certain parties? It could be that this ongoing Umno-PPBM “war” might in the end be “settled” by the Federal Court.
