By Lim Guan Eng

The emergency Central Working Committee(CWC) last night unanimously agreed to make a final effort to see the Registrar of Societies (ROS) Datuk Abdul Rahman Othman to press him for only 2 explanations of the reasons why and under what powers of the Societies Act is he directing the DAP to hold re-elections for its Central Executive Committee(CEC). The DAP is willing to hold party re-elections provided these two explantions are given in a manner that is reasonable, lawful and with factual basis.

Without these two explanations by the ROS, the DAP leadership would be completely helpless in not being able to answer the queries of DAP delegates at a Party Congress on why the party leadership succumbed and surrendered meekly to such arbitrary and high-handed abuse of power by the ROS in directing re-elections.

The DAP CWC reiterates that the CEC election in December 2012 last year was properly and cleanly conducted. When a computer glitch caused the wrong announcement of the successful candidates, DAP immediately rectified it and even got an accounting firm to verify the corrected results. There was no mistake either in vote counting or tabulation but only in posting the results, leading to one candidate Vincent Wu wrongly announced as a successful candidate when it should be Zairil Khir Johari.

This mistake had been duly rectified by reinstating Zairil Khir Johari as the winning candidate. DAP had fully explained this honest mistake to the officials from the Registrar of Societies by furnishing all relevant materials. The mistake was admitted voluntarily by DAP without being exposed by ROS or BN in the interests of upholding transparency and accountability. DAP is now being punished for being honest and truthful.

Directing re-elections solely on the basis that the ROS is dissatisfied, is unlawful because it violates the basic principle of “reasonableness in the exercise of powers, natural justice and due legal process”. The two explanations of the reasons why and under what powers of the law in the Societies Act, are necessary in the interests of accountability and transparency.

If DAP accepts the ROS rationale that no explanation needed to be given, then what is there to stop the ROS from directing that fresh elections be called again and again merely because the ROS is not satisfied. Contrast the quick action taken against the DAP on complaints filed this year with the non-action by ROS on complaints filed on the SUPP 2011 party elections 2 years ago.

The DAP CWC is unhappy that the ROS has repeatedly behaved unprofessionally, unethically and even unlawfully by making media announcements that had no factual or legal basis. If the ROS believes that they have been defamed by the DAP, they can always sue the DAP in court for defamation.

Instead of facts by the DAP that were verified by an accounting firm, ROS appears to believe the unsubstantiated lies of Utusan Malaysia(UM) and New Straits Times(NST) that 753 DAP delegates had been denied their right to attend the DAP Congress in Penang or that there were 547 “phantom” delegates attending the Congress.

The ROS has to date not responded to our request for these two explanations nor on my request for a meeting. DAP National Organising Secretary Anthony Loke will be making arrangements for the appointment with the ROS.