Media reports suggest that the 12 PKR Sabah divisional leaders who were issued notices to appear before the party’s national disciplinary committee in Kota Kinabalu yesterday were to show cause why disciplinary action should not be taken in relation to the move to register a new political party, Parti Cinta Sabah, by ‘rebel’ PKR Sabah state leaders December last year.
If you check with lawyers who handle domestic inquiries, the first thing they will tell you is that most do not allow for legal representation of those summoned to show cause.
For this reason, it is imperative that the tribunal must act with utmost fairness to the indvidual or individuals charged.
Equally, the alleged impropriety which is the subject of the inquiry must be clear and unambiguous, should not be couched in convoluted language, and the charge to be answered should be specific and not free-ranging.
The individual called upon to show cause must clearly understand the charge, and should not be asked to answer the tribunal beyond the matter charged.
I welcome any practitioner of the law who specialises in the area of domestic inquiries to correct any error above or to further clarify what might be expected in a domestic inquiry such as the one the twelve PKR Sabah divisional leaders attended yesterday.
I now reproduce below, for the benefit of those who still do not subscribe to Malaysiakini, excerpts from a report last night on how the inquiry proceeded.
I’ve highlighted in red the parts of the report that I found to be telling.
Note, particularly, that the forum of 31st July, was some 7 months after the event the subject-matter of the charge and could not have had any bearing on the same.
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A three-member national disciplinary committee of the Parti Keadilan Rakyat held an inquiry in Kota Kinabalu today, apparently to determine whether PKR’s Sabah strongman Jeffrey Gapari Kitingan masterminded the setting up of Parti Cinta Sabah (PCS)…
…A probe against Jeffrey (left) was the impression 12 party activists named in the PCS pro-tem line-up gathered during their individual grilling by the disciplinary panel…
…The inquiry committee, headed by Sharifah Halimah of the party’s Central Leadership Council (CLC), appeared to lose interest in the proceedings once they established early on that Jeffrey was not involved in the formation of PCS…
…The 12 included Daniel John Jambun, the deputy chair of the powerful KadazanDusunMurut Task Force who was the last to be grilled. His session with the inquiry committee, surprisingly lasted less than 10 minutes, unlike the others whose sessions lasted at least 30 minutes…
…The inquiry committee wanted the 12 on the carpet to explain the Common Interest Group Malaysia (CigMA) and the Borneo Heritage Foundation (BHF), two NGOs headed by Jeffrey.
They also queried why a July 31 Malaysia Agreement Forum in Kota Kinabalu was hosted by the two NGOs and not by PKR. It was explained that the forum was a non-political event meant to reach across the divide.
The inquiry committee, it is learnt, also delved into local issues and grievances within the party.
Sharing
August 26, 2010
“If you check with lawyers who handle domestic inquiries, the first thing they will tell you is that most do not allow for legal representation of those summoned to show cause.”
In Malaysia, most lawyers talk about what are customerily done and not base on even basic laws or logic.
The Rights of having Legal Representative
I belive any Political Party is governed by the Society Act (Governed basiscally by the Constitution and other related laws). Any Rules and Regulations derived by the Party should be considered as by-law to at least this Act. Any challenge or charge under it must not violate the Rights of anyone involved to have legal representative. I believe some Tribunal or Arbitration Committee had stipulated that they are not allowed to be represented by lawyer. I BELIEVE basically it is wrong for same reason. Especially, the matter can be proceeded to court when not settled.
The Charge
I guess they should have referred to sections or clauses under the Parties MOA that the Respondent has violated.
Jeffrey Heading (CigMA) and (BHF),
I believe PKR can only challenge Jeffrey if the MOA of these two conflicts with the what Jeffrey is allowed to do under the MOA of PKR. Such as (CigMA) and (BHF) are also a Political set-up, etc…
I believe “Inquiry” is confusing to name such a Committee. Any Stipulation or Defination on the Function of such a Committee as well as the way how it should be operated?
Registration of a new Party
Even it is not stipulated clearly, I believe it is not moral for anyone to registered a new party when he is not blessed by his existing one. Or, he has retired from the existing.
I hope any politician will be serious on laws as well as the ethnics. And Parties are to be as transparent and fair as possible.
OFF TOPIC but related
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When a lawyer never showed up in court to represent his clients since day one and did nothing on what he had promised his clients to do in court. Should the Judge or court summon him to court?
Is it correct for the Judges to keep promising but never summoned?
RockyMan
August 26, 2010
The motive of the so-called inquiry is not to find out whether the 12 have actually breached party rules and regulations but to give a political mileage to Dr. Jeffrey’s rival group in the party for the forthcoming party election so that this group will have unfair advantage against Dr. Jeffrey’s group. Even though the 12 might be let off the hook eventually, damage had already been inflicted on them which the rival group could make full use of during the campaign. They would say the 12 are not loyal to the party, how would you delegates vote for them? So you see, the inquiry committee is not concerned about procedural defect in conducting the inquiry, they carried out what they were instructed to do!! Simple as that.
Rakyat
August 26, 2010
From the names it seems most of them are Christians. Like you said earlier AI is out to weaken the Kadazan faction and strengthen the Muslim faction.
So much for Ketuanan Rakyat.