The High Court in Kuala Lumpur has fixed Nov 21 as the hearing date for the case involving leaders from the Malay Chamber of Commerce Malaysia (DPMM), who wish to hold an extraordinary general meeting (EGM) on Nov 22 over allegedly dubious transactions made by its president, Rizal Faris Mohideen Abdul Kadir.

The plaintiffs are DPMM deputy president Syed Hussein Alhabshee and 17 executive council (exco) members.

Part of their grouses stems from RM5 million supposedly allocated to DPMM by the Prime Minister's Office during former premier Najib Abdul Razak's tenure, which was instead deposited into the account of a foundation - Yayasan DPMM Pulau Pinang Bhd - without prior approval from the chamber’s executive council. The foundation is supposedly controlled by Rizal.

Other grouses stem from the sale of two Damansara properties at Plaza Damansara for a sum of RM11.6 million, whereby RM5.6 million was transferred to DPMM.

They claimed that it was discovered that RM5.4 million was used for the purpose of the 14th general election without the executive council’s approval.

The exco members also alleged that another RM1 million, given by a company simply named “Redberry”, was used for election campaigning without their permission.

They further claimed this issue was raised with Rizal last May but that he had failed to provide a decent explanation.

Given that the AGM had not been called, and the numerous irregularities, the exco members thus want an EGM to be held.

The date was fixed by Judicial Commissioner Wan Ahmad Farid Wan Salleh in chambers after meeting lawyers representing the plaintiffs, as well as lawyers representing defendants Rizal, DPMM secretary-general Don Nazwim Don Najib and the chamber itself.

Lawyer Matthew Thomas Philip, who is representing Syed Hussein and the 17 exco members, told reporters today that if Don Nazwim and Rizal were to agree beforehand to have the EGM on Nov 22, the court hearing would be unnecessary.

He said that the duo wanted DPMM to hold an annual general meeting (AGM) instead, but his clients are insisting on having an EGM, as the chamber was supposed to have its AGM by or before June 30.

Originating summons

It was previously reported last week that Syed Hussein and the 17 exco members had filed an originating summons to force the chamber to hold an EGM, after it failed to hold its AGM, to discuss dubious transactions allegedly committed by Rizal.

The other plaintiffs consist of three DPMM vice-presidents; the heads of DPMM’s branches in Johor, Negeri Sembilan, Pahang, Terengganu, Kedah; the deputy head of the Malacca and Perlis DPMM branches, and other exco members who were elected or appointed.

They want a court order for the secretary-general to call for the EGM and for Syed Hussein to chair the EGM.

In the originating summons, the plaintiffs cite the DPMM constitution as stating that the chamber is supposed to have the AGM annually before June 30.

Meanwhile, it was revealed today that Don Nazwim had, in a letter dated Nov 1, called for a meeting of the chamber's executive council, which had been slated to be held on Nov 8.

In the letter, Don Nazwim stated that the meeting’s agenda would include holding the annual general meeting, as well as tabling the secretary-general’s report and the chamber’s financial statement ending Dec 31, last year.

However, in a letter dated Nov 7, Don Nazwim called off the meeting.

As a result, Syed Hussein and the other exco members resolved yesterday to hold the chambers’ executive council meeting as it had reached the quorum, and they resolved to pressure the DPMM to have the EGM on Nov 22.

Syed Hussein, in an affidavit affirmed yesterday, said that upon receiving the Nov 1 letter, they had sent additional agenda points to Don Nazwim to be discussed at the meeting.

However, Don Nazwim had subsequently cancelled the meeting.

"We objected to the postponement of the meeting which they (the exco) claimed is unconstitutional and the defendants acted in bad faith.

"On Nov 8, Rizal and Don Nazwim did not come to the meeting, and the exco resolved that the EGM be held on Nov 22 and that the AGM would be deferred since the secretary-general’s report and financial report for last year have not been done," he said.

In the Nov 5 letter sent by the plaintiffs to the secretary-general, they sought for the EGM to be called so that a motion of no confidence can be taken against Rizal.

Malaysiakini is awaiting a response from Rizal.