KUALA LUMPUR – The Registrar of Societies (RoS) has deemed the Malaysian Trades Union Congress (MTUC) decision to suspend its president Mohd Effendy Abdul Ghani as wrong in law.
In a press statement today, MTUC’s working committee said the RoS in a letter dated August 16 confirmed that Effendy’s suspension by the general council was unlawful, given it violated conditions set by the Shah Alam High Court last year which ruled the congress’ triennial delegates conference and election of office bearers in 2022 null and void.
“The decision (to suspend Effendy) does not comply with the law and fails to follow the court ruling.
“Thus, MTUC was instructed by RoS to take necessary steps to ensure compliance with the ruling,” the statement said.
As such, only Effendy can make official statements and other forms of communication on behalf of MTUC in his capacity as president, until a new election is held, the working committee added.
MTUC’s working committee also said the RoS confirmed Kamarul Baharin Mansor is no longer the congress’ secretary-general following an announcement on May 10 by the Trade Union Affairs Department that he is no longer qualified to be a MTUC member.
Therefore, the congress’ working committee said there should not be any official communications from that position given the fact that the office of secretary-general is now vacant.
“In line with court rulings, filling up vacant positions would not be allowed,” the statement added.
On August 11 last year, the Shah Alam High Court declared the MTUC triennial delegates’ conference as well as the election held during the gathering on July 2 and 3 in 2022 null and void for non-compliance with provisions of its constitution.
The ruling came after a group of major MTUC affiliates, led by former president Datuk Abdul Halim Mansor, initiated legal action against the then newly elected principal office-bearers, accusing them of violating the organisation’s constitution in calling for the conference.
A total of 16 unions affiliated with the umbrella body sought a declaration that the election was invalid, and an order to prevent the 19 new office-bearers for the 2023–2025 term from discussing or amending policy matters pending court processes.
The plaintiffs also requested that the court determine whether the matters addressed in the suit fall exclusively under the power and purview of the RoS for determination. – August 18, 2024