KUALA LUMPUR – The Malaysian government’s move to block the deregistration of Umno over an irregular motion to bar a leadership challenge to its top two officials may lead to a complicated legal wrangle that could throw Prime Minister Anwar Ibrahim’s crucial partner into chaos.
The Straits Times has learnt that opponents of the resolution for president Zahid Hamidi and deputy president Mohamad Hasan to be retained without contest in party elections will likely seek a court review of the validity of the polls.
At its annual congress in January, Umno passed a no-contest motion, which was criticised by the opposition Perikatan Nasional as well as an anti-Zahid camp within the party itself.
Umno will conclude its party polls next week, minus contests for the top two posts.
“Even though the Home Minister can waive the punishment of deregistration, the party must still regularise its affairs and hold polls for all positions. It does not mean you can continue to be in breach of the Societies Act,” said a source involved in the challenge against the motion.
The challengers liken the situation to the cancellation of a fine imposed over the non-renewal of a licence, even though a licence is still needed.
Hence, the party’s current polls could be rendered null and void if the Registrar of Societies (ROS) or a court compels Umno to hold elections for all positions.
This would cause confusion and strife among the leadership before the polls, those elected and those who would contest if fresh elections are needed.
Deputy Prime Minister Zahid’s continued Umno presidency is seen as crucial for the so-called unity government’s stability as he strongly advocates working with Datuk Seri Anwar’s Pakatan Harapan (PH) coalition despite the misgivings of Umno supporters.
Although Umno has only 26 of the government’s 148 MPs in the 222-strong Parliament, the party lends the government legitimacy in the eyes of the Malay-Muslim majority, the bulk of whom did not back PH at the November general election.
After the no-contest resolution was passed, some members – understood to be backed by anti-Zahid dissidents – filed a complaint with ROS alleging that the resolution contravened Umno’s Constitution, which explicitly calls for all positions, including the presidency and deputy presidency, to be contested in polls.
Zahid’s faction in the supreme council, Umno’s top decision-making body, has sacked and suspended many of these rebels, including top figures such as former health minister Khairy Jamaluddin and former vice-president Hishammuddin Hussein, the son of former premier Hussein Onn.
Last Saturday, Zahid claimed that Home Minister Saifuddin Nasution Ismail – Mr Anwar’s key lieutenant, who is also PH chief secretary – had told Umno that the no-contest resolution was valid “because all the clauses in the party’s Constitution were adhered to”.
But former PM Ismail Sabri Yaakob, who is not defending his vice-presidency as he claims the polls are irregular, has challenged Zahid to show proof of ROS’ approval.
The Straits Times has seen an ROS letter to Umno last week, saying that the resolution was “improper and contravened” the party’s Constitution.
“Umno must take corrective measures and not ignore the party Constitution... in the supreme council election,” the letter read.
Zahid has claimed that he is unaware of the letter and its contents.
But Datuk Seri Saifuddin on Tuesday said the Home Ministry had exempted Umno from abiding by Section 13(1)(c)(iv) of the Societies Act over the no-contest decision.
Under the law, the minister may exempt any society from provisions of the Act. But the particular section mentioned deals with deregistration rather than the validity of election resolutions.
This development has led to the opposition and those opposed to Zahid claiming that there was political interference in the regulatory process.
Former Umno youth chief Khairy said on Tuesday: “If the Home Minister is forced to use the powers of exemption in law, it means the matter referred to must have breached the Societies Act.”
Former home and defence minister Hishammuddin said: “This is why we are fired and suspended, just in case the minister did not grant the exemption.”
Mr Saifuddin told Parliament that his reason for the exemption is a “state secret”, while Prime Minister Anwar insisted that the minister had acted legally within his powers, likening the move to “over-riding civil servants (who directly awarded contracts) and calling for open tenders”.
