November 08, 2009 17:31 PM

Debate Continues Over Legaility Of MCA's Second EGM

From Alan Ting

From Alan Ting KUALA LUMPUR, Nov 8 (Bernama) -- The MCA saga has taken a new twist despite the two key leaders -- party president Datuk Seri Ong Tee Keat and deputy president Datuk Seri Dr Chua Soi Lek -- emerging with a "Greater Unity Plan" or GUP as a result of the outcome of the Oct 10 Extraordinary General Meeting (EGM).

The tussle between the two had precipitated the first EGM being called but it ended in a stalemate. This was when a motion of no confidence against Ong was passed by a majority of 14 votes while at the same time Dr Chua's membership in MCA was reinstated but the later failed to assume his then incumbent position of deputy president by a margin of 74 votes.

Constitutionally, both of them could only be removed from office by a margin of two thirds of the delegates present. But the results clearly showed that both sides had almost equal support.

In the midst of the deadlock, MCA vice-president Datuk Seri Liow Tiong Lai and some of Central Committee (CC) members at that time argued that Ong should go and that the CC be allowed to elect new leaders.

But there was also a view that these CC members did not have the locus standi to act since it was viewed that the entire CC should take collective responsibility of the events leading up to the Oct 10 EGM and its resolutions and should resign following the results of the EGM.

Some of these CC members who refused to resign wanted to elect or appoint new leaders without having to go through fresh elections.

Ong, who was pressured at that time to resign, then decided to invoke article 30.1 of the party's constitution to call for another EGM while the CC members proceeded with the election of deputy president despite the fact that Dr Chua's status as deputy president had yet to be confirmed.

At the same time, Ong was said to have initiated peace talks with Dr Chua and came out with the GUP. The GUP is said to have received support from two-thirds of the CC members.

As a result, Ong then asked party secretary-general Datuk Wong Foon Meng to call off his previous order to have a second EGM.

Party information chief Heng Seai Kie said Ong decided to call off the second EGM after he found out it did not fulfil Article 41 of the party's constitution which stated that party polls may be held only if two-thirds of the CC members resigned.

But 16 CC members, also known as the "Group of 16" and who were not happy with the GUP, are now pushing for fresh elections.

Party insiders say they have resorted to this line of action as they are concerned that they might lose their positions in the party as they had gone against Ong in the CC meeting of Oct 15 when they demanded that he step down.

The G-16 had submitted a requistion at the party headquarters to call for the second EGM despite them arguing against fresh elections earlier. They have brought about two motions - to hold fresh elections for the committee and to nullify any appointments and terminations made by Ong after Oct 10.

If the first resolution were to be passed, then fresh polls would have to be held within 30 days.

Party secretary-general Wong said the party's legal bureau viewed the call for the second EGM as unconstitutional and unworkable as the second motion was against the party constitution which provided vast powers for the president to make any appointment.

If the G-16 were to insist on holding the EGM, then they needed to modify and re-submit their motion.

Heng said their motion contravened Articles 35 and 41 of the party's constitution but this has been questioned by the G-16.

One of the requisionists, Wong Nai Chee, said the dismissal of the second EGM by some quarters was grossly erroneous and claimed that some of them had quoted the wrong sections of the party's constitution.

He said the party's constitution clearly stated that a call for an EGM was valid as long as no less than one-third of the central committee members supported it.

In this case, Wong said, the requisitionists were putting forward a motion to call for an EGM to ask for fresh elections to be carried out and not to ask for fresh elections directly.

Wong further claimed out that the Article 35 was also a mistake because that article noted that it would take two-thirds to dismiss a party official.

"This is irrelevant as the request for an EGM is to ask delegates to decide whether they are in favour of fresh elections since Dato Seri Ong Tee Keat and Dato Seri Chua Soi Lek refused to respect the outcome of the last EGM. The requisitionists have not asked to remove anyone.

"Article 41 is also unrelated as the article notes that it takes the resignation of two-thirds or more of the Central Committee to press for fresh elections. However this does not nullify the resolutions put forward by the requisitionists because it does not limit other possible routes to call for fresh elections -- so long as it is within the party constitution," he said.

However, Ong's political secretary, Simon Lim, argued that any EGM convened shall be unlawful because the requisitionists did not provide a valid reason for one of their proposed motions.

He said supporters of Liow, while placing full-page advertisements in major Chinese newspapers yesterday had given notice of their proposed EGM with two motions but only provided the reason for only one of the two proposed motions.

He said the group had only stated the reasons for the first motion but no reason for the second motion.

Lim argued that this was a serious flaw as without stating any reason or grounds for the second motion showed that the requisionists had failed to comply with the party's constitution.

"Therefore, the reasons published in advertisements in Chinese newspapers are false and stand to be corrected. Thus, there are no valid reasons to convene a second EGM. Any EGM convened shall be unlawful."

As the arguments of the legality of the second EGM continues, Ong seems to have taken another pre-emptive strike by calling for the party's Annual General Meeting on Dec 5, a week after the proposed second EGM on Nov 28.

Not only that, he also immediately announced the set up of a GUP taskforce to come up with an action plan to execute swift plans on the three main thrusts of the plan -- uniting the party, healing, transforming and re-branding the MCA.

The taskforce will be headed by Dr Chua and will include some of his detractors such as Liow, youth chief Datuk Wee Ka Siong and Wanita Chief Datin Paduka Chew Mei Fun.

Others are the other party vice presidents, Heng, CC members Gan Ping Sieu, Datuk Chong Itt Chew, Loh Seng Kok and Simon Lim.

-- BERNAMA

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