Yoursay: One law for Umno, another for the rest?
YOURSAY | ‘Umno cannot be held to a more relaxed standard than the opposition.’
Gerard Lourdesamy: Umno supreme council member Nazri Abdul Aziz, if the Registrar of Societies (ROS) does not have the power under the Societies Act 1966, it cannot grant a further extension to Umno. Simple.
Power like jurisdiction cannot be conferred by consent, implication or acquiescence when none exists.
To compound matters further, Article 10 of the Umno constitution does not permit a further deferment of the party elections. So on what basis did the ROS make the decision in the absence of such power?
Obviously, the ROS cannot invoke divine law because the ROS is a creature of statute and does not even have inherent powers like the courts. Umno and the ROS cannot make decisions outside the ambit of their powers under the party constitution and the Societies Act.
Prima facie, the ROS has acted illegally in granting the further extension. Umno veteran Rais Yatim is right in asking the party to seek a court declaration.
Varuna: For a seasoned minister to diminish, if not belittle, written provisions in law in this manner, this may be perceived by ordinary citizens to be misplaced arrogance not befitting any rational person’s devotion to the rule of law.
One is left wondering with some trepidation if such a frivolous approach to what is obviously a serious matter is symptomatic of a general behavioural facet in his ministerial performance.
As it seems, the contention is that ROS has not meticulously followed the provisions of the law. For a minister to point to the ROS as the final authority may have merit, but to suggest that its advice is infallible is not acceptable.
Ravinder: “There's nothing wrong, because our laws are made by man. When made by man, it's surely not to the level of Islamic law (hukum syarak).”
Dear Nazri, then why have any written laws at all? Are you saying Umno does not need written laws? The ROS found fault with Bersatu based on written laws.
What a shame for a legally trained person to make this statement. So, are you saying that might is right? Umno is mighty and so whatever it does, according to the book or not, is right.
In that case, Umno does not even need a constitution, right?
This shows the authoritarian colours of Umno. Instead of defending Umno's failure to abide by its constitution, just tell us that Umno does not need any written constitution, and that the ROS has no authority over Umno.
David Dass: This is an extraordinary statement for a lawyer and minister to make. Of course, these are not God-made laws, rules and regulations. That does not mean that people are free to ignore them.
These are laws and rules made to maintain order in society. Umno is a society. Its constitution rules the conduct of the organisation. The rules can be changed. But there are procedures for these changes to be made. And until those rules are changed, they have to be followed.
There are instances when the registrar has discretion. The question is whether this is such an instance.
Rais’ advice is sound. Get a ruling from the court. The opposition is being held to strict compliance with the rules. Umno cannot be held to a more relaxed standard, even if these are not God-made laws.
Anonymous Malaysia2018: The ROS must act now. It must apply the same standard it used on Bersatu.
No double standards, please. Show the whole world that you are impartial and professional.
Wake up, Election Commission. Tell Umno that it must get permission from the other parties to use their logos. Let Umno use MCA, Gerakan, MIC or People’s Progressive Party (MyPPP) logo.
Now, in this dramatic twist, a new script is written. Let the whole world know that democracy is working in Malaysia.
Never again should the US, UK, or Australia say that there is no democracy in our beloved land. Let them come here and observe the 14th general election.
Vgeorgemy: The challenge over Umno’s legality by its members is per the rule of law and a warning to the civil servants that they are not extrajudicial authorities to implement that which is not the law of the land.
Any determination of the illegality is the direct result of the ROS’ total disregard for the law which it was appointed to administer. Umno members must hold the top echelon of ROS responsible if the court of law declares Umno illegal.
Fair Play: A very bitter lesson indeed for the director-general of ROS. Now she has to enforce the same rule for Umno as she had applied to Bersatu.
Pemerhati Bebas: What irony. For fear of being challenged from within, the president deferred party elections past its allowable time frame.
What his opponents and detractors have failed to do, the president has succeeded, albeit unintentionally. To save his own skin, he destroys the very entity that protects him. Truly a warrior.
Awang Top: Strategically it is the wrong timing. The action might create a backlash. Malays might throw sympathy votes to Umno.
Wait until a day after the general election to file a report. This would result in Umno being in limbo.
FlabberPro: If it is up to ROS, then Umno is definitely a legal entity and qualifies to contest in this upcoming general election. ROS will extend maximum leniency to Umno. It is a foregone conclusion.
Perhaps in the next few days, we will see the court bulldozing through the hearing to declare Umno as a valid and legal political party.
Jaycee: Well, let us wait for the court verdict. And if it says that the party committed no wrongdoing and can proceed, this will reiterate what we have been saying all along - that there are two sets of laws here in Bolehland. - Mkini
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