Najib’s UMNO/BN has no respect for rule of law

The controversy over the legality of UMNO and Barisan Nasional, and whether the BN logo of daching can be used in the 14th General Elections, shows that the UMNO/BN of Najib Razak no more respects the rule of law.

The position of UMNO/BN, both of which have become illegal political organisations since yesterday as UMNO, the backbone of BN, is because UMNO has violated its own party constitution in not holding UMNO Supreme Council elections for 54 months.

Under Clause 10 of the UMNO party constitution, UMNO is required to hold UMNO Supreme Council elections once every three years, but the UMNO Supreme Council has the power to give an 18-month extension under special circumstances, like preparing for the 14th General Election.

As UMNO President, Datuk Seri Najib Razak said at a media conference on June 26, 2015:

"According to Article 10.16 of the Umno constitution, the supreme council has the right to postpone elections for its supreme council, divisions and branches.

"This postponement cannot exceed 18 months from the date the elections were supposed to be held."

The last UMNO triennial elections were held on Oct. 20, 2013, which means that UMNO Supreme Council elections must be held by Oct. 19, 2016 to comply with the three-year requirement or by April 19, 2018, if there is a 18-month extension decided by the UMNO Supreme Council.

There was however no UMNO Supreme Council elections by April 19, 2018, and this fatal violation of the UMNO Constitution cannot be cured, overcome or rescued in any manner by the Registrar of Societies.

I have studied Section 3A of the Societies Act, 1966, which had been quoted by the UMNO Secretary-General Tengku Adnan Tengku Mansor as vesting powers on the Registrar of Societies to give a further year-long extension till April 19, 2019 to hold UMNO Supreme Council elections.

Does Tengku Adnan understand English or Bahasa Malaysia, as it is very plain that Section 3A of the Societies Act does not give the Registrar of Societies any such powers.

This means that UMNO and Barisan Nasional have become illegal political parties since yesterday and the Barisan Nasional logo of daching cannot be used in the 14th General Election Nomination Day next Saturday on April 28, 2018.

Umno supreme council member Datuk Seri Nazri Aziz said there is nothing wrong with the Registrar of Societies (ROS) granting Umno a second extension until 2019 to hold the party elections, arguing the laws are only made by humans, not God.

I expect such a preposterous argument to come from an illiterates or ignoramus party hack, and it is most shocking that it has come from a trained lawyer like Nazri.

Yes, the Societies Act is a man-made law and not God’s law but any amendment to such man-made law must go through the proper process – in this case, by Parliament.

If the Socieities Act does not give the Registrar of Societies powers to extend UMNO Supreme Council elections beyond April 20, 2018, why is Nazri demanding that UMNO/BN government should be treated as if it is God, capable of amending laws at its whim and fancy?

If this is the case, why hold general elections to elect a Parliament, when the UMNO/BN government has God-like powers to amend laws without any parliamentary debate and approval?

Lim Kit Siang DAP Parliamentary Leader