Parti Keadilan Rakyat has received a notice dated 9th May 2011 signed by Dato’ Abdul Rahman bin Othman , the Registrar of Societies under the Ministry of Home Affairs issued under section 13 of the Societies Act 1966 threatening to deregister Keadilan after 9th June 2011.
The notice was sent by registered post with copies also delivered to the President and Treasurer General.
The notice says that the registration of Keadilan will be cancelled after 9th June 2011 unless we satisfy the Registrar why we should not be deregistered.
The allegation in the notice is as follows ( in the original Bahasa Malaysia ):
“Telah sengaja melanggar Fasal 32.2.1 ( sic ) Undang-Undang Berdaftar Parti kerana memecat keahlian Rajagopal (sic) a/l Andaikallam pada 1/4/2009 ( sic ) dan 27/4/2009 tanpa terlebih dahulu disoalsiasat dan dibicarakan oleh Lembaga Disiplin”
Keadilan considers this notice clearly politically motivated and done maliciously in bad faith. It is adesperate move by a besieged and insecure UMNO and BN to now use the oppressive Societies Act 1966 to deregister Keadilan on utterly frivolous and foolish grounds.
A proper issuance of such a notice under section 13 means that the Registrar has “satisfied” himself that the allegation is true. Yet the ridiculous nature of the allegation is obvious from the fact that the alleged
Fasal 32.2.1 does not even exist in the Party constitution. Even if it were a typographical error, Fasal 32 has nothing to do with discipline or the Discipline Board.
The Registrar even got the name of the person wrong as the party records show the particular individual’s name to be actually Jayagopal a/l Andaikallam ( IC No 520929-02-5709 ) and not Rajagopal a/l Andaikallam.
The date of his sacking from the party was 27/4/2009 at the Majlis Pimpinan Pusat meeting on that date. We are mystified as to how he came to be sacked twice according to the Registrar.
The core issue however is that this is a completely unjustified intrusion by the Registrar ( who first cannot get his facts right ) into the internal affairs of the party. Discipline and disciplinary procedures are a completely internal matter.
Fasal 32 of the Party Constitution (which was approved by the ROS ) is clear that interpretation of the Constitution and the standing orders of the Party by the MPP is final.
A. Jayagopal (the name he used as a candidate ) was sacked by the party on 27/4/2009 for participating in the Bukit Selambau by-election as a candidate in defiance of the party and in opposition to the party’s candidate Manikumar who subsequently won. A. Jayagopal was one of the 13 independents who went into the contest. He secured 35 votes.
The Registrar’s query as to whether Jayagopal was heard in his defence defies logic and common sense. No political party can tolerate a member who enters an election as a candidate in opposition to the party itself. Whilst no one will deny Jayagopal’s right to be a candidate, no one can also deny the right of the party to immediately sack him for a gross violation of party discipline.
Clearly, the issuance of this notice has UMNO/BN’s fingerprints all over it. It is telling how deeply insecure the Najib regime is when they pressure bureaucrats into making these foolish and oppressive moves.
Keadilan has today issued a reply to the ROS asking him to withdraw the notice within 7 days.
We have also referred the matter to the party’s lawyers to take all necessary steps to protect the interest of the party and its members.
SAIFUDDIN NASUTION ISMAIL