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'Abuse of power!': PN decries deregistration just two days before court date
Perikatan Nasional has accused the government of abusing power and acting in bad faith (mala fide) over the Registrar of Societies' announcement today that the coalition had been deregistered.
Coalition secretary-general Takiyuddin Hassan also questioned why the decision could not wait for Thursday's court hearing on PN's application to stay the deregistration order.
Perikatan Nasional has accused the government of abusing power and acting in bad faith (mala fide) over the Registrar of Societies' announcement today that the coalition had been deregistered.
Coalition secretary-general Takiyuddin Hassan also questioned why the decision could not wait for Thursday's court hearing on PN's application to stay the deregistration order.
"A government that is confident in the lawfulness of its actions should be prepared to defend that decision before a judge, rather than altering the position of the parties when a stay application is about to be heard," he said.
Speaking to reporters in Parliament, Takiyuddin, who confirmed he received the de-registration order via email this morning, warned action against all parties who allegedly insulted and sidelined an ongoing court process.
He earlier pointed out that the Kuala Lumpur High Court was scheduled to hear PN's application on Oct 22 to stay the ROS' actions in issuing a notice of non-compliance and suspending the coalition's activities.
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He said the court had granted PN leave for judicial review on Oct 13, with the hearing fixed after the Attorney-General's Chambers insisted that both parties be heard.
However, he claimed that PN's written request on Oct 14 for no further action pending the hearing went unanswered.
Takiyuddin also noted that the AGC had informed the court yesterday that the deregistration process was "still ongoing", without indicating that the coalition's registration would be cancelled the following day.
"The registrar himself had stated that the matter would be addressed in court, while the AGC had insisted on a hearing involving both parties.
"However, before the hearing could take place, PN's registration was cancelled, fundamentally altering the circumstances at the heart of the dispute," he said.
He argued that the government should have allowed the court to decide on PN's application instead of proceeding with the cancellation.
"A government that respects the rule of law should have allowed the court to decide on the application, and explained why it could not wait even another two days."
Political motives questioned
Takiyuddin further alleged that the timing and sequence of the ROS' actions raised serious questions about possible political motives and mala fide, or bad faith.
Earlier, he quipped that other opposition MPs who accompanied him today remain “Malaysia’s MPs” from PAS, Wawasan Negara and others.
“I am uncertain if this is the first of such action against a registered organisation, including political parties,” said the PAS secretary-general.
The Kota Bharu MP, however, recalled that, in the run-up to the 2018 general election, PKR, DAP, Bersatu and Amanah had objected to ROS’ alleged refusal to process the four parties’ bid to register Pakatan Harapan as a formal pact.
“They strongly objected to ROS’ alleged delays in processing Harapan’s registration, resulting in the four parties being unable to use Harapan’s logo in the (2018) general election.
“Instead, they (the four) used a component party’s logo, which is PKR, to represent all four parties at the time,” he said.
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Since then, shifting political alliances have placed Bersatu at the heart of current objections against PN, and Takiyuddin further revealed ROS’ reasons for the de-registration, as stated in the department’s letter.
“First of all, a PN component party has gone against Section 7(1) of the PN’s constitution to deny Bersatu’s rights to attend an emergency PN meeting dated July 16, two days before nominations for the Negeri Sembilan state polls.
“Secondly, PN has failed to take into account Bersatu’s position in PN. And thirdly, PN has sidelined Bersatu’s involvement in the July 16 meeting,” he said.
“In other words, it's (about) Bersatu, Bersatu, Bersatu in the minds of the ROS, with due respect. These are the reasons for PN’s de-registration,” claimed Takiyuddin.
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A right minded person would know that you can appeal the decision in court if you are unhappy with the outcome. Given the timeline and all on Bersatu’s exclusion from PN meeting, this decision is very straightforward indeed. On Negeri’s “royal crisis”, this country has laws and regulations governing the customs/adapt affairs and is not a bolehland where a MB can go rogue doing what he wants to pursue his self interest. AG being the guardian is just there to enforce the rules as per existing legislations, as simple as ABC. Even BN chairman now also being rational and ask to stop this effort at least for time being.
Here's a curious take of the situation. First, PAS asked for it by sidelining Bersatu. That's the merits of the matter. Second, consider the court saying they have no case, and ROS follows their statutory duty to deregister them - this is a few days from Thursday. The runway before nomination day would be even shorter. PN will cry political sabotage even louder. ROS is doing them a favour by deciding this early. PAS will have a chance to convert their court application to decide on actual merits of the matter with enough time before nomination day. Now let's look from the perspective of the minister. If the minister tells ROS "don't do anything until the court has decided", is that not interference? Maybe the ROS officers read between the lines to consider what political "preference" the current government has. Yes, ROS has been political for a long time (think easy path for UMNO Baru, not so much for Semangat 46; or ROS slapping temporary dissolution order on Bersatu on the leadup to GE14; or delayed registration of PH), but it is still conjecture at this point in time. No need to make a mountain out of a molehill. Since it is essentially UMNO/BN and PAS contesting, their logos are already well known and won't cause voter confusion.
This is a gov without the mandate of the people, led by people who have no understanding of governance and the need to govern according to the constitution. What more do you expect? This issue will now deflect the gov’s response to TAki’s question on what constitution the AG followed regarding the revocation of MS’s exco. They are doing things without the rule of law. Anyway, I think this may turn out to be better for PAS and esp Wawasan Negara. They are rid of the Bersatu baggage and can start afresh by seeking the support of the people. Start with the Malacca elections. Contest against PH and Bersatu and see who the people support. PN parties can still contest as individual parties.
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