Is the motion allowed under Umno constitution?
MOHD FAIZUL HAIKA MAT KHAZ16 Jan 2023 09:38am
Umno vice president Datuk Seri Ismail Sabri Yaakob
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This is because certain quarters of Umno leaders and members are puzzled as to whether the motion passed was valid based on the party's constitution.
Team A, led by Umno president Datuk Seri Zahid Hamidi and deputy president Datuk Seri Mohamad Hasan, said the motion is valid as per the constitution.
Umno secretary-general Datuk Seri Ahmad Maslan also reiterated that the motion was a legitimate decision, not vice versa as claimed by certain factions of the party.
The additional motion that was presented was allowed by Article 20 of the Umno conference rules in regards to motion amendment.
However, Team B claimed that the decision was invalid because it defied the Umno constitution, which mentions that all positions must be contested every three years in the party's election.
During a press conference after the assembly at the World Trade Centre Kuala Lumpur (WTCKL), Umno vice president Datuk Seri Ismail Sabri Yaakob stated that the assembly's approval of the motion is worrying.
Meanwhile, according to Clause 8.1 of the constitution, the assembly is the highest authority in deciding the party's direction.
It also states any divisions that would like to submit motions must do so within 14 days, while supreme council members (MKT) are given seven days to submit motions.
The additional motion to not contest the president and deputy president positions was submitted last Friday after the president’s policy speech.
"The motion was brought up on Sunday and was accepted immediately, even though there was an amendment to the original motion.
"Under clause 20.3, it says that amendments can be made to the same motion, but only to make corrections to the words and sentences, not add more motions to it. There is a different opinion on that too.
"Some said that if the president allows it, it is okay. Some said it is wrong because it is subjected to the notice of what can be amended, not simply adding more motions to it," Ismail Sabri said.
The focus is on RoS
Considering the confusion over the matter, he said grassroots members and leaders who are still unclear and want to get confirmation from the legal perspective regarding the additional motion could refer to the Registrar of Societies (RoS).
"In the constitution, when it comes to choosing positions, it needs to be done through a party poll once every three years or during the next adjournment held at the division level.
"That is in the constitution on party polls. Positions like permanent chairman, president, deputy president, vice presidents, and supreme council members must be elected once every three years or made during the adjournment at the division level," he said.
Meanwhile, former Selangor Menteri Besar Dr Mohamad Khir Toyo stated that while the assembly could make the decision, Zahid or Mohamad's positions could be contested during the party election because the decision was not in accordance with the party constitution.
"The general assembly's decision cannot stop anyone from going up against Zahid and Tok Mat.
In fact, the Umno constitution says that all positions must be contested, so if any party sends a nomination form, the party must accept it.
"I think the RoS will tell Umno to let two main positions be contested since that's what the Umno constitution says should happen," he said.
Mohamad Khir insisted that the party's Supreme Working Council must look closely at how the decision will affect the party's future, for good or bad.
Valid because the general assembly is the highest authority
Furthermore, political analyst Dr Mazlan Ali of Universiti Teknologi Malaysia (UTM) stated that the decision to not hold elections for Umno's top two positions is valid because the assembly is the party's highest authority.
This is because most representatives at the assembly have already decided that the two positions in question will not be up for election in the next party election.
After the Umno crisis in 1987, when Tun Dr Mahathir Mohamad became Prime Minister and Umno President, the two highest positions in the party were not contested, he added.
"Umno has made it impossible for other candidates to meet the requirements for president and vice president, which is that they must have enough nominations.
"Pas also doesn't hold many elections for president and vice president because they don't want the party to split," he said.
For example, Pas's internal politics were chaotic in 2015 when the former vice president Ahmad Awang challenged Tan Sri Abdul Hadi Awang for the party's presidency post.
As a result, the Parti Amanah Negara (Amanah) was formed.
"That's why Pas does not always allow the two top positions in the party to be contested," he said.
He said that holding elections for all positions in the party is a good way to help democracy grow, but that it could cause division and that crises may arise within the party.
"I see that in the current situation, outsiders are the only ones who want to replace Zahid and Tok Mat, not the party leaders or members.
"If they had wanted Zahid to step down, they wouldn't have submitted a motion to keep the two important positions in Umno from being contested at the assembly last Saturday," he said.
