“Defying the RoS and their own constitution gives more benefits to certain individuals in terms of the tenure to their position and to DAP in terms of sympathy votes”
The excerpts (below) are from CLAUSE VIII item 6 (page 12) of the DAP’s party constitution.
This item 6 specifically states that under their party’s constitution, a minimum of 10 weeks notice must be given to all Branch Secretaries in writing of the date fixed with special reference to item 13.
Item 13 states that Branch Committee of a Branch entitled to send Delegates to the Party Congress shall be entitled to nominate up to twenty members of the Party to stand for election to the Central Executive Committee (CEC), such nominations should reach the Secretary-General not later than six weeks before the date of Party National Congress.
HOWEVER, item 8 states that for in a Party SPECIAL Congress, notice must not be less than seven days before the date fixed.
BUT nowhere was it mentioned in DAP’s Party constitution that party CEC elections can be held in a SPECIAL Congress.
The Party’s constitution specifically states that a CEC election should be held in a National Party Congress – which is why item 13 specifically states this is where the branches can send their nominations list for the CEC election.
Common sense tells you that for a matter as serious as a party’s top leadership for the next 3 years would require more than just 7 days notice and should not be held in such a special congress.
It would be unfair and very undemocratic.
On 30th July 2013, the Registrar of Societies (RoS) had instructed DAP to hold fresh elections to replace the “excel-error” and disputed party elections held in Dec 2012:
This was also confirmed by Anthony Loke here:
So there is ZERO truth that RoS only told DAP four years later.
On 22nd Aug 2013, the late Karpal Singh issued an official statement stating that DAP just only made a decision to re-hold the CEC elections as requested by the CEC and that it is only on the 26th Aug 2013 that they will hold a meeting to make the necessary preparations for fresh elections set for 29th Sept 2013, http://www.thestar.com.my/…/dap-to-hold-fresh-cec-polls-ka…/
26th Aug or even 22nd Aug 2013 would not have fulfilled the 10 weeks minimum notice.
In fact, to fulfill the minimum notice period of 10 weeks, the earliest you can send out the notice would be on 29th July 2013.
Even as at 2nd Sept 2013, the RoS said that they have not received any letters from DAP on this 29th Sept re-election and had specifically warned DAP that the 29th Sept date will NOT fulfill the ROS requirements.
On 5th Sept 2013, DAP’s Organization Anthony Loke said the party will submit their notification and necessary documents to the RoS.
On 28th Sept 2013, – one day before the elections, RoS issued a statement stating this:
“In accordance with the DAP’s constitution, central elections should be held in a national congress with a 10-week notice given to branches and delegates. “If DAP presses on with its intention to hold fresh polls on Sunday in a special congress, they should change their party constitution first,.
Despite being forewarned by the RoS that the the Special Congress to hold elections will breach DAP’s own constitution and that RoS will not recognize it, DAP went ahead to hold their 29th Sept 2013 re-elections anyway.
Is it any surprise that this CEC is yet to be recognized?
Therefore, it is not true that DAP was only told they had to hold fresh party elections four years later.
It is probably more accurate to state that DAP has not complied with the directive even after 4 years.
They were already told in July 2013 but the DAP appears not to have complied with the ROS requirements and their own party constitution.
Why would anyone press on to hold re-elections despite already being forewarned by the authority in question that this re-election would be invalid and breaches their own constitution.
Should the RoS be faulted to insist that the DAP follows their own party constitution?
As I had written before, defying the RoS and their own constitution gives more benefits to certain individuals in terms of the tenure to their position and to DAP in terms of sympathy votes.
Note: You can download DAP’s own party constitution from the website at this link and see for yourself: https://dl.dapmalaysia.org/…/DAPMalaysia_constitution_en_v2…