DAP Special Congress: Abdul Rahman wrong that 10 week notice needed, unfit to head ROS and should resign
ROS Director-General Datuk Abdul Rahman Othman has today acknowledged that the DAP can hold a Party Special Congress for the purpose of re electing its Central Executive Committee.
This is in stark contrast to what he is reported to have said a few days ago, that such an election can only be held at a Party National Congress.
He was clearly wrong. He should have corrected the report earlier but didn't. He has now thought it fit to do so presumably because the High Court of Kuala Lumpur yesterday acknowledged that Standing Order 46 of the 1st Schedule of the DAP Constitution makes express provision for a Central Executive Committee of the DAP to be elected at a Party Special Congress.
Standing Order 46 reads
"In the case of a Party Special Conference called for the purpose of electing a new Central Executive Committee, Standing Order 43,44 and 45 shall apply mutatis mutandis."
Datuk Abdul Rahman cannot run away from the fact that there is clear and express provision for the DAP to elect its Central Executive Committee through a Party Special Congress.
In this regard, Orders 43,44 and 45 apply. Order 43 says all delegates shall receive a list of the names of all candidates seeking election, which has been complied with, and Orders 44 and 45 deal with ballot papers and the manner of voting, which are matters which will be dealt with at the Special Congress tomorrow itself.
Having realized he cannot be right on this score, Datuk Abdul Rahman changes his line of attack. He now says the DAP Constitution requires a minimum 10 week notice period to be given to all delegates for a Special Congress.
With respect, he is again most certainly wrong.
Rule 6 of Clause VIII of the Constitution says
"At least 10 weeks before the date fixed for the Party National Congress, the Secretary General shall inform all Branch Secretaries in writing of the date fixed for the Party National Congress and draw their attention to Sub-Clause 7 and 13 of this clause."
It is obvious that this is applicable to a Party National Congress and NOT a Party Special Congress.
For a Party Special Congress, rule 8 of clause VIII is applicable and it reads:
"Notice summoning a Party Special Congress shall be sent to all branches and delegates not less than 7 days before the date fixed for the Party Special Congress and shall state the subject or subjects to be discussed at the Party Special Congress."
It is evident from the rule itself that all that is required for a Party Special Congress is a minimum 7 days notice.
I call upon Datuk Abdul Rahman to stop confusing the public. He may be confused himself, but that's beyond our control. He cannot and must not make statements which are incorrect and squarely against our party Constitution and say that we need to comply.
I must as DAP legal bureau head now demand that he stop suggesting to us that the notice required for a Party Special Congress is 10 weeks when clearly, rule 8 of our Constitution says it is 7 days.
What he is doing is clearly wrong. Just like he was wrong about the fact that the Central Executive Committee can only be elected at a Party National Congress, he is now thoroughly wrong about the 10 week notice he says must be given for a Party Special Congress.
It is therefore most reasonable, in the circumstances to say that this episode has shown him unfit to be the Director-General of ROS. He should as a matter of principle acknowledge he is yet again wrong, apologize and resign.
Insofar as the DAP is concerned, our Party Special Congress is in compliance with the provisions of our Constitution. It will therefore proceed tomorrow as scheduled.
