Saifuddin’s decision raises concerns over transparency, integrity - NGOs

Anti-graft groups have expressed concerns over Home Minister Saifuddin Nasution Ismail using his discretion to exempt Umno from being deregistered under the Societies Act 1996.

In a statement today, TI-M president Muhammad Mohan said that if the Registrar of Societies (ROS) found that Umno’s “no contest” motion was against its constitution, then the minister should “justify his reasons for granting the exemption”.

“When it is applied, there should be clear explanations of the reasons for exercising the discretionary power.

“Failing to do so may lead to assumptions that it could have been done for purely political reasons,” Muhammad stated.

Further, he noted the move was at odds with the government’s repeated pledge to uphold the principles of transparency and integrity.

Muhammad suggested an alternative course of action, where Umno can adopt the corrective measures recommended by ROS to comply with the party’s constitution.

Earlier today, Saifuddin used his discretion as home minister to exempt Umno from having its registration revoked.

He said his conclusion was made after examining the decision made during Umno’s general assembly on March 3, 2023.

Remove minister’s discretionary powers

Bersih chairperson Thomas Fann echoed Muhammad's statement and requested changes to be made to the Societies Act in order to eliminate any discretionary authority given to the minister.

“ROS has long been seen as a political tool of the government and the home minister's statement confirms this fact.

“We call for amendments to the Societies Act to remove any discretionary powers that are vested with the minister.

“As such, we need the ROS to act independently and professionally when it comes to the registration and monitoring of the conduct of political parties,” Fann said in a statement.

Saifuddin exempted Umno from complying with Section 13(1)(c)(iv) through Section 70 of the Societies Act 1966 (Act 382).

Section 13 relates to the deregistration of an organisation.

According to Section 70 of the Act, the home minister may use his discretion to exempt an organisation from any of its provisions.

Two days ago, Umno president Ahmad Zahid Hamidi said his party received a letter from ROS on the exemption.

Earlier, Umno vice-president Ismail Sabri Yaakob urged for the approval letter's details to be made public due to conflicting reports.

Subsequently, Zahid stated that he would request Umno secretary-general Ahmad Maslan to disclose the letter's content to ensure that all members of the party are well-informed.

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