Bersatu meeting would have been legally wrong, says lawyer


Chan Kok Leong

Lawyer Mohamed Haniff Khatri Abdullah says the Bersatu supreme council meeting initially scheduled for today would have been improper as it excluded party chairman Dr Mahathir Mohamad and deputy president Mukhriz Mahathir. – The Malaysian Insight file pic, May 11, 2020.

BERSATU called off its supreme council meeting scheduled for today because it was legally wrong, said lawyer Mohamed Haniff Khatri Abdulla.

Haniff had also written his legal opinion about the constitutionality of the meeting and posted it on his Facebook yesterday, and circulated it to several party supreme council members as well.

“Shortly after (sending it to supreme council members), working secretary Mohammad Suhaimi Yahaya sent out a cancellation of the same meeting at 7.15pm on Sunday,” Haniff told The Malaysian Insight.

“I cannot confirm why they cancelled the meeting but I suspect it’s due to my post.”

Haniff, who represented Bersatu during the party’s registration in 2017 and helped with the drafting of the party’s constitution, said the timing and manner of the meeting was questionable and suspicious.

“They sent out the notice on a Sunday afternoon for a meeting on Monday. How are supreme council members able to attend on such short notice during the movement-control order (MCO) that bars interstate travel?” said the lawyer.

“What made it more suspicious was that there was no agenda stated in the notice for meeting,” he added.

The manner in which the meeting was called also gave credence to speculation the party was planning to sack its chairman Dr Mahathir Mohamad and deputy president Mukhriz Mahathir.

“While this rumour has been going around for the past week, the way the meeting was called made it look plausible.

“What’s more, the meeting was to be held at the Universiti Malaya Alumni Hall in Kuala Lumpur, instead of the party’s headquarters in Yayasan Selangor.”

It was reported yesterday that the notice for the meeting excluded Dr Mahathir and Mukhriz.

In his post, Haniff said the meeting would be illegal as supreme council meetings can only be called by the chairman, according to the party’s constitution.

“The meeting would also be illegal as it contravenes an order by the Registrar of Societies on March 16 that said all societies are barred from holding meetings, gatherings and conferences until June 30.

“The Bersatu secretariat would need to prove that RoS had approved the meeting on Monday.”

He said the meeting was also improper as it did not include the party chairman and deputy president. 

Similarly, the party would be in the wrong if it planned to sack Dr Mahathir and Mukhriz as the two had never been given a chance to be heard in a party disciplinary proceeding.

Dr Mahathir and Mukhriz are currently challenging president and Prime Minister Muhyiddin Yassin in the party. While Dr Mahathir is expected to retain his chairman post unopposed, Mukhriz is contesting against Muhyiddin in the party’s inaugural elections.

The former prime minister has also filed a no-confidence motion against Muhyiddin.

The two founding members of Bersatu are opposed to Muhyiddin’s decision to take the party out of Pakatan Harapan and form a new government with Barisan Nasional, PAS and Gabungan Parti Sarawak.

Party elections have been put on hold until June 30 due to the Covid-19 pandemic and MCO. – May 11, 2020.


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Comments


  • When you feel that you cannot win the post of president then you sack the challenger. Very clever la you but remember what happened to UMNO last time.

    Posted 3 years ago by S Shaf · Reply