I refer to the Malaysiakini report Chua is deputy president: ROS shocker .

It is disheartening to see a deputy president of the MCA resorting to pleading the Registrar of Society to reinstate him in his position. This is short of getting external forces to meddle in MCA’s affairs. I will now explain why the decision of ROS is wrong and not in accordance with the constitution of the MCA.

Firstly, let me quote the letter of reply from ROS. The grounds of reinstatement by ROS states:

‘Jabatan ini berpendapat bahawa tidak berlaku kekosongan jawatan Timbalan Presiden MCA memandangkan keputusan resolusi Mesyuarat Agung Luar Biasa (EGM) MCA pada 10hb Oktober 2009 tidak memenuhi keperluan dua pertiga (2/3) majoriti seperti yang diperuntukkan di bawah Perkara 35 Perlembagaan MCA’.

The basis of reinstatement by ROS was that Article 35 of the MCA constitution stipulates that the general assembly may dismiss any party official if approved by at least two-thirds of the delegates. The ROS’s grounds appear to suggest that since this two-thirds was not achieved in removing the deputy president, he should remain in office and the results of the EGM should be overturned.

With all due respect to the decision, the ROS fails to grasp that the deputy president was not removed by the general assembly in the EGM conducted on Oct 10 but was instead removed by virtue of the MCA presidential council adopting the findings of the MCA disciplinary board and thereafter having his membership suspended by the MCA central committee.

If the motion to reinstate him was not carried, the decision of the central committee still stands and he should abide by the decision of the central committee.

Article 125 allows the disciplinary board to report to the presidential council and Article 128 provides that the decision of the central committee on matters of discipline shall be final and conclusive.

In this regard, since the motion to reinstate Chua at the Oct 10 EGM wass not carried, the results of the EGM have had no impact on the decision of the central committee, which in any event, is final and conclusive.

As a senior party leader, Chua should have an in-depth understanding of the constitution and not further confuse the public by filing an appeal to the ROS.

We need leaders who have integrity and not those who would do anything just to cling on power.