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| Posted: 27 Oct 2013 07:58 PM PDT More problems are looming over the horizon for DAP and it is believed that bigger problems are yet to come for the party that may eventually see Lim Guan Eng ousted from power for the poor handling of this matter. In fact, a very strong anti-Guan Eng group appears to be emerging that may eventually split the party into two. THE CORRIDORS OF POWER Raja Petra Kamarudin
DAP sets up two reconciliation committees to fix internal differences (The Star, 27 Oct 2013) - DAP has set up two reconciliation committees to resolve and reconcile internal party differences. In a statement on Sunday, DAP secretary-general Lim Guan Eng said the first task would be to look into recent disputes in Kedah, Malacca and Johor. Lim said that the party's central executive had decided in a meeting on Oct 23 to establish the committees to foster party unity and resolve internal differences. The first committee, chaired by national publicity chief Tony Pua, would handle Penang, Kedah, Perlis, Kelantan, Terengganu, Perak and Pahang. The other committee, which is chaired by national organising secretary Anthony Loke will handle Johor, Malacca, Negeri Sembilan, Selangor, Federal Territory and Sabah. "The Chairman of the respective committees must convene meetings immediately and the conclusions be reported back to both the CEC and me," said Lim in relation to Kedah, Malacca and Johor. The party has been plagued by infighting in recent times. Malacca DAP chief Goh Leong San, quit as the state opposition leader recently after coming under criticism from state DAP leaders for praising the chief minister while Johor DAP chairman Dr Boo Cheng Hau has been told to step down by his fellow state leaders for outspoken attacks against the party leadership. The Kedah state committee was suspended and taken over by the CEC while in Sabah, Luyang assemblyman Hiew King Cheu turned independent after his support for Datuk Wilfred Bumburing as state opposition leader was rejected by other DAP assemblymen. ***************************************************** Actually, DAP's problems are more than just internal problems. It is more serious than that and, as the Malays would say, it is retak menanti belah, or a crack waiting to split the party into two. See the four complaint letters (below) sent to the ROS by DAP's Chinese members and branch leaders. It seems these are just four of about ten similar letters. The real issue here is the validity of DAP's December 2012 party elections (which DAP agreed was in question since the party agreed to hold a re-election). Last month (September 2013), DAP held a re-election. The ROS, however, has not yet informed DAP whether this re-election is valid because of the same discrepancies in last month's re-election as in the December 2012 election. The nine points, based on the complaints the ROS received, that will make last month's re-election invalid are: 1. Inadequate notice period (which should have been 10 weeks, as what Karpal Singh himself admitted). 2. The 851 delegates who were absent or not invited to the re-election when they were eligible to attend and vote at the meeting. 3. The 985 instead of 865 branches that were involved in the re-election. 4. The delegates' list 15th December 2012 was not used, as they should have. 5. The proper notice of the meeting was not issued. 6. The election was not transparent. 7. Suspected elements of fraud. 8. Suspicious election results. 9. Manipulation of votes. There is a strong possibility that last month's re-election will also be deemed invalid and yet another re-election, or re-re-election, will have to be held. And this time the ROS may have to take over and manage the affairs of the party, in particular matters concerning the re-re-election. If this were to happen then it would be bad publicity for DAP, which will be seen as incapable of even managing its own affairs and party election in a fair, transparent and democratic manner. DAP will lose the moral high ground and its right to talk about fairness and democracy when it cannot practice what it preaches. More problems are looming over the horizon for DAP and it is believed that bigger problems are yet to come for the party that may eventually see Lim Guan Eng ousted from power for the poor handling of this matter. In fact, a very strong anti-Guan Eng group appears to be emerging that may eventually split the party into two. With PKR's and now DAP's party elections being questioned, the legitimacy of Pakatan Rakyat to question the recent general election in May has just taken a beating. ******************************************** RE: NOTICE PERIOD OF 4 WEEKS FOR THE DAP CONGRESS ON 29-9-2013 and NOTICE WAS NOT ISSUED BY THE DAP "PUBLIC OFFICER" AS PROVIDED UNDER SECTION 9 (C) OF THE SOCIETIES ACT May I refer to the above matter. I am a member of the DAP (Membership No: 0123614) and the Assistant Secretary of the DAP Taman Seri Branch in Selangor. The Chairman of DAP, YB Karpal Singh had declared in a press statement that the DAP Congress will be held sometime in October 2013 in compliance with the provision of the DAP Constitution, which provides for 10 weeks notice to be given to all its delegates to attend its Congress. Lim Guan Eng was not the properly elected Secretary General. He was appointed by the invalid Central Executive Committee (CEC) after the unlawful election of the CEC on 15-12-2012. It was in the record of the RoS that several DAP's delegates for the Congress dated 15-12-2012 and members have lodged official complaints to the RoS about the manipulations of votes or election frauds. The RoS had found that there were irregularities or elections frauds during CEC elections on 15-12-2012 and had directed the DAP to hold a fresh election for its CEC. In view of the said directives of the RoS, it was clear that at the material time Lim Guan Eng was not the secretary General of the DAP and his father, Lim Kit Siang, was not the adviser of the DAP. In simple term, there was no office bearers in the CEC until a proper Congress is held in strict compliance with the DAP's Constitution and Societies Act. Hence, the only proper and lawful office bearer of the DAP was the "Public Officer" as provided under Section 9 (C) Societies Act. Section 9 (C) provides that "a society may sue or be sued in the name of such one of its members as shall be declared to the Registrar and registered by him as the public officer of the society for that purpose, …". In the premises, the only lawful person who can act for the DAP after 15-12-2012 was the "Public Officer" as approved by the RoS because RoS has directed a fresh election for CEC members. Therefore, there was only one conclusion that Lim Guan Eng was not the legally elected secretary general of the DAP and he could not act and/or sign document as the secretary general of the DAP. Lim Guan Eng has the same right as any other DAP members, no more no less. Unfortunately, Lim Guan Eng and his father, Lim Kit Siang, have treated the DAP as the asset of their family and do as they please. In view of the above, the recent Congress that was held on 29-9-2013 was unlawful as it was not called by the Public Officer as provided for under the Societies Act and secondly, it was unconstitutional due to the fact that the notice period was only 4 weeks whereas the DAP Constitution provides for 10 weeks. This was a serious violation of the DAP's Constitution. As a DAP member, I would like the DAP to be properly managed in accordance with the Societies Act and the provision of the DAP's Constitution, which provides for the notice to call for the Congress is 10 weeks. It was clear that at the material time Lim Guan Eng had abused his power by unlawfully appointed himself as the secretary general of the DAP, making announcements using the title of the DAP secretary general when the RoS had already found that the CEC elected on 15-12-2012 was invalid. From the above events, it was clear that Lim Guan Eng has no respect for the Societies Act, RoS and/or the DAP's Constitution by giving only 4 weeks notice for the Congress dated 29-9-2013. The said notice was not signed by the "Public officer" of the DAP as provided for under Section 9 (C) of the Societies Act. I hope that the RoS will investigate into the outright violation of section 9c of the said Act and the DAP's constitution by Lim Guan Eng and his cronies. It is about time that Lim Guan Eng should be stopped from treating the DAP as his family's asset. Thank you. Yours faithfully, Wong Yu Liuh ******************************************** Re: The DAP Congress held on 29-9-2013 I am the DAP's Taman Gembira Branch Secretary and my DAP membership number is 0086604. I am extremely upset with the way in which Lim Guan Eng has abused his power in the DAP. He runs the DAP as though it is his own company. He ignores everybody else in the Party including Karpal Singh, who is our Chairman but in reality just a puppet. Firstly, Lim Guan Eng treats the Constitution of the DAP like scrap papers and he waves the Constitution when it favors him and threw it aside when he wants to do things his way. The Constitution clearly stated that the delegates must be given 10 weeks notice to attend the Congress but they were given only 4 weeks. The notice for the Congress held on 29-9-2013 was unconstitutional. Secondly, when the ROS found that the DAP CEC elections on 15-12-2012 was fraudulent and directed the DAP to hold fresh elections of its CEC. This means that there was no office bearers in the DAP from 15-12-2012 until a proper fresh elections are held and until such time no one has the power to make any decision on behalf of the DAP. However, Lim Guan Eng continued to act as Secretary-General and made all kind of decisions not in the best interests of the DAP but himself. In December 2012 the only eligible delegates, who were entitled to attend and vote at the DAP Congress, were from 865 branches. In the recent DAP Congress held on 29-9-2013, there was a total of 985 eligible branches. There was a sudden increase of 120 branches comprising of additional 450 phantom delegates. As at 15-12-2012 (the DAP Congress which was manipulated to let Zaril Khir Johari to win to resemble Malay representation) these 120 branches were of "B" Certificate status and the 450 delegates were of observer status with no voting right. Before the DAP Congress held on 29-9-2013 the invalid CEC under the behest of Lim Guan Eng quietly upgraded these 120 branches to "A" Certificate status in order to give the 450 delegates full delegates status with voting rights. It is an open secret that these 120 branches were aligned to Lim Guan Eng and his cronies. From the legal standpoint, it was clear that the invalid CEC could not meet and/or make any decision including the upgrading of the 120 branches from "B" Certificate status to "A" Certificate. I have reason to believe that Lim Guan Eng desperately needed these 450 phantom delegates to shore up his standing in the DAP. It is general knowledge in the DAP that without these 450 phantom delegates votes Lim Guan Eng position in the CEC elections would have been worst than his current 5th position because he would have garnered only 851 votes (1,301 – 450 votes). Lim Guan Eng is not fit to lead DAP with his deceit and election frauds. I hope that ROS will conduct a thorough investigations into the abused of power by Lim Guan Eng and give justice to the DAP members in general. Yours sincerely, Teh Teong Guan ******************************************** RE: COMPPLAINT ABOUT DAP'S CEC ELECTIONS HELD ON 29-9-2013 I refer to the above matter. I am a Life Member of DAP and my membership number is 0026873. I belong to the DAP Taman Seri Sungei Pelek Branch. Many DAP members were happy that Registrar of Societies (ROS) had found that the DAP's CEC elections on 15-12-2012 were tainted with serious manipulations by Lim Guan Eng and his blind cronies and also directed the DAP to hold fresh elections in accordance with the DAP's Constitution. It was an open secret amongst the DAP membersship that there were massive election frauds in the DAP's CEC elections on 15-12-2012 and other CEC elections. Complaints from the memberships were ignored by Lim Guan Eng and/or his father Lim Kit Siang. After the last 13th GE, Lim Guan Eng really thought that he has been confirmed a "TOKONG" and can do no wrong. Many members and I thought that Lim Guan Eng would have learnt from his past mistakes and that he will not repeat them after the ROS had discovered the existence of the election frauds. Unfortunately, for the sake of trying to make himself look good and popular in the eyes of the public, Lim Guan Eng held himself out to be the DAP's Secretary-General even after the ROS had declared the CEC elected on 15-12-2012 was invalid and that fresh elections had to be held. After the findings of the ROS, Lim Guan Eng was not the lawfully elected Secretary-General of the DAP. Under the Societies Act and the Constitution of the DAP he could not act and/or made any announcements in the capacity of Secretary-General from 15-12-2011 until he was elected by the delegates in a lawfully held Congress. The same principles applied to all the other office bearers of the DAP. If the ROS were to examine the records in the DAP and the DAP's Constitution, it will discover that the DAP Congress held on 29-9-2013 were rushed through by Lim Guan Eng and his cronies in total disregards of the DAP's Constitution so as to ensure that other candidates that were not aligned to him had insufficient time to campaign. Despite Lim Guan Eng being just an ordinary member like us, he just assumed the power of the Secretary-General to chart the course of the elections with the predominant objective of gaining unfair advantage over other candidates and to also ensure that his cronies were elected within the first 20. As usual, Lim Guan Eng always thought that he is above the DAP's Constitution and the Societies Act, he and he chose to violate the DAP's constitution by given a mere 4 weeks notice for the Congress held on 29-9-2013 so as to deprive other candidates the mandatory 10 weeks for campaign period. This was a serious violation of the DAP's Constitution which has no doubt rendered the whole election process of the CEC on 29-9-2013 unconstitutional. Further, 851 delegates were absent from the Congress. I have heard from some of the 851 delegates that they have not received the 4 weeks notice that has been issued by Lim Guan Eng and/or his cronies. It was so clear that the CEC elections on 29-9-2013 was filled with election frauds as the last CEC elections held on 15-12-2012. Many members were also upset with the arrogance of Karpal Singh who chose to threaten to take actions against the ROS when there were glaring violations of the DAP's Constitution and Societies Act by Lim Guan Eng. Under the circumstances, the ROS cannot be seen to succumb to such threats of those who had acted unlawfully and against his Party's Constitution. The ROS is duty bound to protect the DAP membership as a whole and ensure everyone in the Party, including Lim Guan Eng and Karpal Singh, strictly followed its Constituion. I know that any complaint lodged with the Party will be swept under the carpet. As an ordinary member of the Party, there is only one avenue left for us that is to call upon the ROS to investigate into the above two serious violations of the DAP's Constitution by Lim Guan Eng for not following the mandatory 10 weeks notice period and failure to send out the notice for the Congress to all the remaining 851 delegates, who are eligible to attend and vote at the Congress. Thank you. Yours faithfully, Goh Swee Huat ******************************************** COMPLAINTS REGARDING FRADULENT CEC ELECTIONS IN THE DAP CPONGRESS ON 29-9-2013 I am the Chairman of the DAP Kota Tanah Branch. My DAP membership number is 0129487. There were gross election frauds in the last CEC Elections held on 29-9-2013. The magnitude of the election frauds were much worst than the one held on 15-12-2013 where ROS had already discovered election frauds. Aside from the Societies Act, the Constitution of any political parties is supreme. Therefore, YB Lim Guan Eng and/or YB Karpal Singh have no lawful authority to go against any part of the Constitution of the DAP. The moment any person including YB Lim Guan Eng and/or YB Karpal Singh for that matter went against any part of the Constitution, the acts will be rendered unconstitutional. It will follow that whatever decisions made by the Congress will also be INVALID from the very outset. Despite being warned that the notice period of the DAP Congress had to be 10 weeks, Lim Guan Eng proceeded to steam roll it with 4 weeks notice. This was a clear unconstitutional act perpetrated by none other than Lim Guan Eng and encouraged by his Lim Kit Siang who is his father. The father and son regime cannot be allowed to treat the DAP as their family property. It was also condoned by Karpal Singh who have made a public statement in August 2013 that the DAP Congress will be held in October 2013 in conformity with the 10 weeks notice period. Subsequently, YB Lim Guan Eng totally ignored YB Karpal Singh's statement and proceeded with the 4 weeks notice dperiod. Of course, YB Karpal Singh as the Chairman of the DAP couldn't do anything as he is just a "Anak Patong" in the DAP without holding any post in a branch leader throughout his political career. There was no transparency in the CEC Elections on 29-9-2013. The DAP membership had been short changed by this tyrant YB Lim Guan Eng, who has been protected by his father. The silent majority had been made to put up with the Lim Family's dictatorship for far too long and the election process has been designed to keep them in power at the expense of the membership. The last Congress was clearly manipulated by YB Lim Guan Eng with the help of his cronies to stay in control of the DAP. The discrepancies in the number of delegates and branches for the Congress on 15-12-2012 and 29-9-2013 were in the records of the DAP as well as ROS. It must be noted that the CEC Elections on 29-9-2013 must be based on the numbers of delegates and branches that were used on CEC Elections on 15-12-2012. This was another election fraud perpetrated by YB Lim Guan Eng to prop up his false image and to put ensure his cronies to stay in power to protect him. We want justice for the ordinary members of the DAP. YB Lim Guan Eng cannot be allowed to act unconstitutionally and against the existing law governing political parties. We cannot allow one person like YB Lim Guan Eng to ruin the DAP, which was built up by the membership throughout the years. YB Lim Guan Eng and his father have been making used of the DAP to achieve their personal political agenda at the expense of the community. If the ROS does not take any actions to put right the unconstitutional acts of YB Lim Guan Eng, then the membership may be compelled to seek redress from the Court of Law to compel ROS to act. More importantly, ROS must act immediately in the light of the clear unconstitutional acts of YB Lim Guan Eng to protect the interests of the members of the DAP in upholding the DAP's Constitution, which has been approved by the ROS. I hope that ROS will treat my complaint seriously. Thank you. Yours sincerely, Tan Kim Seng
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