Basic principles relevant to the actions of the disciplinary board
1) Eligibility to hold office is a right of membership
The disciplinary board barred Dato’ Seri Mohd Ali Rustam from elections without suspending him from the Party. However I do not see how they may bar him from contesting so long as he remains a member of the Party. The Societies Act defines the “eligibility to hold office in the committee or governing body of the society,” along with the right to vote, as a constitutional right of every member. The disciplinary board can remove certain privileges but not rights provided by the Constitution. Umno’s constitution cannot be interpreted contrary to the Societies Act.
So long as Mohd Ali remains a member, it is just as wrong to deprive him of his candidacy as to deprive him of his right to vote.
Datuk Norza, who is being investigated by the MACC, is still a candidate. What holds for Norza holds for Mohd Ali too. Members may not be barred from contesting.
Mohd Ali can appeal to the Registrar of Societies to put a stop to the Elections if he is unlawfully deprived of his eligibility for office. At the very least, his appeal against his punishment needs to be heard before the party elections commence next week.
2) Elections to be legitimate, must be fair
Bribery always involves at least two parties. The disciplinary board has found that Mohd Ali was involved in political bribery through his agents. However has the board also investigated every member alleged to have received those bribes?
Money is often passed out for further distribution. Has the board traced the entire trail of inducements, monetary or in kind, identified every culpable participant, and suspended his membership? If not, the tainted votes of those participants will taint the entire party elections. Again, the properly resourced and properly independent agency to do this is the MACC, not the disciplinary board.
So long as no thorough investigation by an independent agency has been conducted, there remains a real likelihood that the party elections will be tainted by corruption, and hence illegitimate.
3) Corruption is a criminal matter
The MACC was properly instituted by an Umno-led government. It was not designed to used only against the Opposition and members of the public.
The disciplinary board has gathered enough evidence of Dato’ Seri Mohd Ali Rustam, Mr Khairy Jamaluddin, and eight other individuals being involved in “money politics” to mete out punishments ranging from suspensions to a warning.
But money politics is nothing but a euphemism for political bribery, and political bribery is a crime covered by the Penal Code. If you know of a crime but do not report it, you become an accomplice to the crime.
Similarly, if the Disciplinary Board has found Mohd Ali guilty of bribery, direct or indirect, it is legally required to report him and his agents to the MACC and and to hand over all the evidence it has collected to the MACC and to the Registrar of Societies immediately. If the Board fails to report and submit all the evidence of corruption it has found, it risks making Umno, as a party, accomplice to corruption, in which case the Registrar of Societies is required to act against it.
The disciplinary board is not a replacement for the Courts of Law. Its job is to investigate and punish violations of Umno’s Code of Ethics. If in the process it comes upon legal violations, it must report them. In other words, the board is there to investigate ethics violations and not to provide Umno a managed alternative to legal justice.
I don’t recall Parliament having passed an Act to exempt Umno from the laws of the land. It’s not as if there is a misdemeanour of “money politics” for Umno, and “corrupt practices” for everyone else.
Corruption is a cancer eating through the bones of our society. It is a crime whose victims are the unseen people it steals from, the fair processes it subverts and the institutions it destroys. It takes from the weak to give to the strong. It perverts justice, erodes trust and chokes idealism. It is destroying Malaysia. If Umno closes an eye to it, Umno makes itself the enemy of the Malays, their corruptor rather than their champion. There is no chance of our tackling this pestilence if our actions suggest that corruption is ok for some people some of the time.
Umno’s leadership should be mindful of the fact that the party of Merdeka is now almost universally viewed as corrupt beyond redemption. Yet they talk of reform and transparency, and by their actions promise “not on their watch.”
“I don’t recall Parliament having passed an Act to exempt Umno from the laws of the land.”.
Neither do I, but then, UMNO is the law, isn’t it?
UMNO can criticise the Rulers and Judges, organize illegal demonstrations, warn the Chinese with the keris, indulge in blatant corruption, use the MACC, Police and public institutions to intimidate the Opposition. Use the AG as an UMNO toy and the courts as the Roman’s Colosseum for the Emperors’ entertainment.
When the PM himself ordered police reports be made against the Perak Speaker and lock up the State Assembly, what Law and Democracy are we talking about.
UMNO is not only beyond redemption but incorrigibly INSANE.
UMNO is the recipe for Doom.
perakborn
March 19, 2009 at 9:17 am
“Umno makes itself the enemy of the Malays, their corruptor rather than their champion.”
Many of their supporters are saying that UMNO and only UMNO can and will champion their cause. Maybe with this posting, they will realise how wrong they are. Maybe after this the supporters will change, if not to the extend of supporting other political party, they would at least change the way they support UMNO and thus really strengthen the party.
najibmilatu
March 19, 2009 at 11:02 am
Tengku,
I am right behind you. Dato Sri Ali Rustam should use all avenues even up to ROS for the sake of Justice.
ahmadzawawi
March 19, 2009 at 11:53 am
What UMNO and its members are lacking…
1.A high concentration of vitamin C in neurons of the developing brain may help protect the developing brain from free radical damage.
2.Vitamin D deficiency harms brain function: Low levels of vitamin D increase the risk of mental impairment in the elderly.
3.Vitamin B6 helps in the production of neurotransmitters, the chemicals that allow brain and nerve cells to communicate with one another.
4.Vitamin D has profound effects on the brain, including the neurotransmitters involved in depression and seasonal affective disorder.
5.If vitamin levels are low, whatever brain development it is linked to will be skewed. Startling trend.
6.Inadequate intake of any B vitamin, including vitamins B1, B2, B6, B12 and folic acid, literally starves the brain for energy and leads to confusion, irritability, and impaired thinking, concentration, memory, reaction time and mental clarity.
i suggest they take..BRAIN REPAIR FORMULA AND BRAIN LIPID REPAIR FORMULA..can be bought from any pharmacy as their extra supplements…
TQ…
mrdgsps
March 19, 2009 at 12:47 pm
Najib probably knows himself that he carries a baggage with a time bomb in it. He has assiduously avoided the prospect of being subjected to interlocution and rigorous cross examination should matters involving the allegations against him be allowed to come up before a parliamentary sitting or a court of law. Over the next few days and more the public opposition against him becoming the PM is going to gain more ground and reach a crescendo.
I am afraid this is the end of the road for Najib. The only way he can occupy the PM’s seat is for him to be reborn as a bug. Better leave now gracefully before a bigger calamity confronts you. No point consulting Mahathir. He cannot save you even if he wants to. Eat the humble pie and speak to people like Anwar, Lim Kit Siang, Tok Guru and Tengku Razaleigh. They may mercifully show you the way out that will cost you less personally later.
kdas1
March 19, 2009 at 1:24 pm
Tengku
What is more scary than the complete abuse of the law, if there is left that is, is the message they are passing down to the younger generation.
Crime can be sectioned out so that a crime in one capacity does not diminish your other capacity.
A crime as a member of UMNO is limited to the sanction of UMNO and does not in any way diminish your character as an individual or your person.
You may be a criminal within UMNO. But your Chief Ministership of Malacca is in your personal capacity as there is nothing in the constitution that determines that you have to belong to a party to become the Chief Minister.
Funny, that Chief Ministers of Malacca have previously been accused of pedophilia and yet because that is an activity you might have indulged in your personal capacity, it does not interfere with your qualification to act As chief Minister or continue as member of UMNO.
I guess in a way UMNO stands uniquely above any other organisation in the world. Its members alone can concurrently display and are allowed to display quite different characteristics of themselves and yet so long as these capacities can be separated, then any one diminished capacity does not interfere with the capacity of the other.
So you can be a rapist in your personal capacity, and yet because you are an UMNO leader your capacity as an UMNOI member or any other executive positions you might hold whether in state or business is not affected by your conduct within your personal capacity.
How else do you explain Ali Rustam? How else do you explain the late Zakaria Deros. How else do you explain Najib? How else do you explain Khairy? How else do you explain Mohammad Mohammad Taib? How else do you explain every other UMNO leader today?
wabill
March 19, 2009 at 1:33 pm
Salam Tengku,
The fish rots from the head. Yes, they are rotten!
In every way they insult our intelligence, and, Najib is going to be our Prime Minister! Subhanallah…
samsaimon
March 19, 2009 at 2:23 pm
“I am right behind you. Dato Sri Ali Rustam should use all avenues even up to ROS for the sake of Justice.” Ahmadzawawi.
No way. He will not have the courage to stand up against this ‘injustice’. If he does, he will be hauled up and demolished like what Mahathir did to Anwar. Ali will find himself in court tomorrow and in Sungai Buloh next month. UMNO is vicious and heartless.
Remember, the AG, MACC and PDRM are every willing to carrying out UMNO’s bidding at the word “Go”. Forget about Justice or rule of law.
Tengku Razaleigh’s men who joined him in Semangat 46 were hounded by the ACA and even Inland Revenue. They suffered in silence. Ask TR if this is true.
Ali Rustam must have the heart of a lion to stand up for his rights but will he? NEVER in a million years.
perakborn
March 19, 2009 at 2:25 pm
Dear All,
Lest we have forgotten that Malaysia is famous for selective prosecution. There are more than just meet the eye on the case of Mohd Ali Rustam. Perhaps, aspiring PM, Najib Razak prefers Mohd Taib over Muhyiddin, who is rather more ambitious and could poise serious problem to him later. Many may believe that Najib is favouring Muhyiddin but one can never be certain. With the departure of Ali Rustam, most votes from his supporters would naturally go to Mohd Taib, who was pictured and prominently shown in the main newspaper wrapping his hands around Ali Rustam’s belly. This is politics when what can be real turn out to be unreal and vice-versa. However, for what ever said and done, Ali Rustam may not make out to be a capable Deputy Prime Minister due to his extremely poor command of English and international knowledge. He appears to have a nasty habit of replying reporters in Bahasa Malaysia when questioned in English. Surely he wouldn’t be able to do that in the US or England for that matter.
But if one were to be more resourceful, Ali Rustam has been the dark horse whom, Abdullah has put in place to keep a check and balance on Najib. With his sudden disqualification, one may never know what is the next step of action to be taken or set in motion by Abdullah. But then again, Abdullah has outwardly informed all and sundry that he is retiring will keep himself busy at the garden all the time. This may give rise that Khairy is as good as a goner.
The question to be answered is as to why the sudden and selective prosecution by the UMNO disciplinary board. A corrupt is a corrupt and action should be taken. Why the double standard whereby, Ali Rustam, a corrupt, by virtue of the verdict handed down by the disciplinary board, be able to keep his Chief Minister post. Is it that he is only guilty for his crime in UMNO but not as a corrupt political figure. This clearly shows that everything is not right in the legal system adopted by the board.
appalis
March 19, 2009 at 3:59 pm
Here we have a select few being found guilty of bribery, but we ALL know that it goes far deeper and higher than just this few. UMNO still has the thick skin to elect so called leaders that eventually become the PM and DPM? Puke! What a joke.
So what do you think this Rustam is going to do? Go to the ROS and halt the elections? That’s just like saying… “Hey, I HAVE A RIGHT to bribe. I HAVE A RIGHT to cheat Malaysians so I can be DPM. I have right to do anything corrupt to be a leader… simply because I am UMNO”
But, for the sake of delaying the elections so HRH the King can have more time to think seriously about appointing Najib, I’m all for it.
KU LI for PM!
cinapek
March 19, 2009 at 5:50 pm
On another note…
Is there any dear soul with the network and resources out that that can mobilize an effective and coherent campaign to voice our choice of KuLi for PM?
KULI for PM!
cinapek
March 19, 2009 at 5:56 pm
Is is really sad UMNO is loosing good leaders like you, Tengku. I will be good for our nation if smart people lie you, Zaid Ibrahim, Anwar and even Tun Mahathir together with RPK to form a party to lead us!
gpjoseph
March 19, 2009 at 10:29 pm
kena istighfar dorang2 ni…..
fareat
March 20, 2009 at 3:11 am
Of all the Umno candidates -most tainted with scandals,lies,deceit -remember Mat Taib caught with millions in his luggage in Australia, another one who was involved with a malay girl scandal in Malacca and of course Najib being link in the ALTANTUYA Murder ……Umno should at least choose Tengku Razaleigh as President and Zaid Ibrahim as his Deputy.
God help us all with the current corrupt bunch !
bennymat7
March 20, 2009 at 4:31 am
Dear Tengku,
We, Malaysians, are now facing an uncertain future in terms of political stability, which will eventually affect the economic performance of the nation. The best example currently being played out is Zimbabwe and may well be the path we are taking.
Tengku, I am sure you love Malaysia too and you love for the country, Malaysia, should be more than you love for UMNO. After 1969, the government was formed with then the members of the opposition becoming the first real coalition goverment of the country.
Tengku, for the “LOVE of the NATION”, you, Zaid Ibrahim, Nik Aziz (all Kelantanese), Anwar Ibrahim, Lim Kit Siang and our brothers from East Malaysia should stich together a coliation goverment of the RAKYAT, by the RAKYAT and for the RAKYAT.
born1957
March 20, 2009 at 9:32 am
Tengku,
There are so many who are skeptical and cynical about Najib’s suitability, integrity and legitimacy to become the next Prime Minister.
The latest to join this chorus is the former Law Minister, Datuk Zaid Ibrahim, and Tunku Aziz.
Tunku Aziz commented ” This candidate for the highest political office in the land is not even prepared, so it seems, to subject himself to public scrutiny by suing all those who have maligned him and put his personal integrity into question. That would not only teach them a lesson of sorts, but also clear his name, once and for all, of all allegations of impropriety………….
Umno should consider bringing back Tengku Razaleigh, whom they have put out to pasture, to restore public confidence in the next government. We expect Ku Li will be happy to help out as a duty to the country, as prime minister, ad interim, to give Umno the breathing space (even a lifeline perhaps) it needs badly to rehabilitate its crumbling image.”
Tengku, will you consider if you are asked to be the 6th PM to lead this country?
mmalaysia
March 20, 2009 at 5:09 pm
If I were an UMNO warlord, I will not want TR to be the PM. Why? Because I can’t get contacts, I can’t get APs and I can’t be appointed as Chairman of public cooperations and I can’t use the police, MACC, EC and the AG to do what I want.
I can’t get TR to arrest Opposition MPs under the ISA.
I can’t get the courts to pass judgement in my favour.
I can’t buy Opposition lawmakers to cross over to BN.
No, TR will make my life difficult.
That’s why couldn’t even get a seconder for his only nomination.
So, those who hope TR to be PM, keep on dreaming. UMNO does not want untainted people in its ranks.
perakborn
March 20, 2009 at 9:01 pm
Perakborn,
but then, if, the provision in the constitution is applied whereby the YDPA opted to choose an mp who gains the majority support in the dewan rakyat , he who garner such support will be the 6th pm of Malaysia.
mobilisation?
mokumanamana
March 21, 2009 at 6:08 pm
Dear Tengku,
The UMNO Disciplinary Board has no guts to act in a fair manner. The punishment meted out to Tan Sri Mohd Isa a few years ago and that recently to Dato’ Seri Ali Rustam, Khairy Jamaluddin and others differ although all are related to money politics. Either the board is following instructions from higher authorities or has no guts to act fairly.
Excuses given by Tengku Ahmad Rithauddeen does not go down well with the supporters of Tan Sri Mohd Isa and Dato’ Seri Ali Rustam and also other UMNO members. It is very clear, the decision of the board is not fair.
I fully agree with your views on this matter. I am also of the opinion that Dato’ Seri Ali Rustam should report the matter to the ROS since he is allowed to attend the AGM and vote but cannot contest. It sounds very stupid. All the Board members should resign as they lack wisdom and credibility. Neither are they scared of ALLAH.
Since its establishment, the board has failed to curb money politics in UMNO which has reach a level that is destroying the party. Do we still need this board or it members? I think we don’t need them.
I read in the newspapers that there many reports were made against others and even the President and the Deputy President related to money politics but no action has been taken by the board either to punish all or clear them. I feel the board has no guts to act against the President or the Deputy President. How can they when they couldn’t even punish Khairy with the same punishment they meted out to Dato’ Seri Ali Rustam because he is the President’s son-in-law.
This is not the way to get rid of money politics in UMNO. Is better for Tengku Ahmad Rithaudden and the rest members to resign. They have failed to perform in a satisfactory manner to curb money politics. It has only been on the increase ever since the Disciplinary Board was set up. So where is its performance? Merely wasting time, money and effort.
pinkpanther7
March 22, 2009 at 11:28 pm