| The following is a statement from the MCA NGO Liaison Bureau chairman & Central Committee member Datuk Ti Lian Ker to explain the powers of the MCA Central Committee as a check-and-balance on the MCA PresidentialCouncil. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (1) MCA Central Committee can overrule Presidential Council and
(2) MCA's Party Constitution a truly democratic instrument in the check-and-balance of power Allow me to explain the provisions of the Constitution of the Malaysian Chinese Association with the hope of an earlier coming of age for MCA and its members.
Over the years we have had many crises and challenges leading to disproportionate crisis. We had in the past amended the Party Constitution to check on the President and Presidential powers to ensure that these powers are not abused and there will be an effective check and balance mechanism from within the party. Today MCA's Constitution is one of the most mature and democratic party Constitution in spirit and content.
Thus, we ought to take pride and ensure that the provisions of the Constitution are being followed to the letter in spirit and intent. To do otherwise will be doing a disservice to the party. Instead we must ensure that leaders, delegates and members alike must uphold the Party Constitution as the supreme authority of the party. All disputes or conflicts must be settled within the realms of the Constitutions in order that the Party remain united and the Party's agenda continues without being sidelined.
As a political party, we are bound to have conflicts, differences and disputes. However if we follow the spirit and intent of the Constitution, these challenges or disputes can be effectively settled or resolved in accordance with the decisions, solutions or remedies provided for by the respective forums or instruments of the Party.
 Article 47 outlines that the powers of the Presidential Council shall be deemed to have been delegated or sub-delegated and vested with all the powers of the General Assembly and the Central Committee. However it is provided that the Presidential Council must report its activities to the next meeting of the Central Committee.
The above provision clearly spells out that the Presidential Council is answerable to the Central Committee and thus the Central Committee by virtue of its inherent power has the right of revision to revise, review or annul any decisions of the Presidential Council.
As such, the Central Committee is not a rubber stamp and ought to serve as a check and balance on the Presidential Council as a body responsible for the administration of the affairs of the Party under the authority and direction of the General Assembly and the Central Committee.
To ensure that the Central Committee discharges its duty without fear or favour, Article 45.24 provides that a Central Committee or Party Official may not be suspended or expelled without the support of two-third of the Central Committee present and voting at the meeting.
Article 45.24 effectively allows the Central Committee immunity against any suspension or expulsion if the said CC Member or Party Official can garner one-third of the Central Committee's support.
This is an express protection provided in the Constitution and is a condition precedent before any expulsion or suspension can be effected. Therefore the Central Committee upon being convened on Saturday, 19 Sept 09 must obtain the support of two-thirds of the Central Committee members present and voting, before the Presidential Council's decision to expel Datuk Seri Chua Soi Lek as the Deputy President can be effected.
Therefore the Central Committee cannot be denied of its right to deliberate on any actions taken to expel or suspend any Party Official or CC Member. The CC is duty bound to deliberate and decide on the recommendation by the Disciplinary Council and Presidential Council with or without an appeal in the case of a Party Official or CC Member. This provision is a reminder to the Presidential Council to act prudently to avoid its decisions being overturned or overruled by the Central Committee. It is unfortunate that the Central Committee has however been disregarded and disdained by being called a rubber stamp, after the Central Committee had taken the decision to reverse the Presidential Council’s endorsement of the Disciplinary Board’s recommendation.
It is inevitable that we as a political party cannot escape internal disputes or differences. More importantly, the party must have the instruments and forums to resolve these disputes in an effective manner in order to regain lost grounds.
We are now on the road to recovery and thus I call upon all central delegates to exercise prudence and due diligence this coming 10 Oct 09. The coming of age of MCA is in the hands of the delegates. History will be made for better or for worst depending on the maturity, rationality and discipline of the delegates.
A vote for a right cause and towards a right course will stir MCA towards the right direction. What is paramount is that party division should be matters of the past. The party’s unity is important as when delegates are cohesive, irrespective of the outcome of the decision, the party must hold together in order to ensure that our struggle for all Malaysians within the Barisan Nasional framework. Datuk Ti Lian Ker
MCA NGO Liaison Bureau chairman
MCA Central Committee member
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