KUALA LUMPUR – The longstanding turmoil in the Malaysian Trades Union Congress (MTUC) appears to have reached an end with the organisation deciding to withdraw its appeal against a court ruling declaring its previous triennial conference null and void.
In a statement today, MTUC secretary-general Kamarul Baharin Mansor said the unanimous decision was reached during a special general assembly attended by 46 delegates on April 28.
“The unanimous decision to withdraw the appeal is the wish of congress members who want MTUC to focus more on labour issues.
“MTUC will instruct our lawyers to execute the decision by applying for the case to be withdrawn from the Court of Appeal,” Kamarul said, adding that a meeting for the election of new officers will be held pending instructions from the appellate court.
He also said the Registrar of Societies (RoS) has informed MTUC that its leaders appointed in 2020 will be carrying out their administrative duties until an election is held.
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.
In delivering his ruling, judicial commissioner Choong Yeow Choy said MTUC’s constitutional provisions must be safeguarded to ensure that its reputation and the key role it plays in the labour movement landscape are not compromised.
A month later, the high court stayed its ruling, with Choong saying there were special circumstances warranting a suspension of his previous ruling pending the disposal of the union’s appeal to the Court of Appeal. – May 1, 2024