[UPDATED] No-contest motion likely in violation of Umno’s constitution: Ismail Sabri

KUALA LUMPUR – The Umno general assembly’s decision to pass a motion not to contest the top two posts may be in violation of the party constitution, Datuk Seri Ismail Sabri Yaakob said today. 

He said this is one of two schools of thought pertaining to the passing of the motion today, the other being that as the highest decision-making platform, the assembly has the authority to pass any resolution. 

Addressing a press conference, Ismail Sabri, who is Umno vice-president, said the party constitution specifically stipulates that the selection of post-holders shall be done via an election. 

“In other words, ‘shall’ also means ‘must’. If it says ‘may’, then you have an option,” he told a press conference today at the conclusion of the Umno general assembly. 

“So, although the assembly has decided, because the constitution states that elections must be held at the divisional level for all positions, then the assembly cannot make a decision that is ultra vires.”

In this context, he said the matter can be referred to the Registrar of Societies (RoS) for clarification. 

Asked if he would personally take that initiative, the Bera MP replied: “Me? No. I only mentioned that there are two different schools of thought. But anyone with interest can go to the RoS.”

‘No manipulation’

In a separate presser, Umno president Datuk Seri Ahmad Zahid Hamidi rubbished claims and perceptions of manipulation or misconduct during the assembly to pass the no-contest motion. 

He maintained that the entire proceeding, including the passing of the aforementioned motion, was done by the book.

“This matter was done in accordance with the party’s constitution. I have even referred it to Umno’s legal advisor, who is also the chairman of the party’s disciplinary committee, just to be sure.

“Certainly he, being a law practitioner and the chairman of the disciplinary board, would ensure the proceedings would be done in accordance with the prescribed rules and regulations," he said, referring to Datuk Wira Mohd Hafarizam Harun.

Earlier this evening, the Umno general assembly passed the no-contest motion for the president and deputy president's posts via a near-unanimous hand vote. 

This is despite strong calls from certain quarters within the party calling for the allowance of democratic practice to challenge all leadership positions. 

Former party leaders Datuk Seri Hishammuddin Hussein and Khairy Jamaluddin are among those speculated to harbour interest in the top two posts, while Ismail Sabri is also rumoured to be in the running. 

However, when asked to confirm which position he would be vying for, the former prime minister said it is still too soon to make an announcement. 

Commenting further on today’s motion of no-contest, Ismail Sabri said its tabling yesterday could also have been unconstitutional, as assembly regulation stipulates that a notice for any motion shall be made by a proposer at least 14 days prior. 

He also expressed concern that the decision not to allow a contest for the top posts could deter younger voters from supporting Umno. 

“Certainly many of them will see that what we are doing is against their ideology. They want an open party that allows elections. 

“I’m afraid that this will lead to a further trust deficit among the youth. We talk about attracting their votes, but our actions can push them further away.”

Ismail Sabri further pointed out that while there have been similar instances in the past where the top two positions were not contested, these were because no challengers expressed interest in doing so. 

Separately, responding to claims that allowing a contest would lead to disunity, he said this point is moot as elections are still allowed for the other posts. 

“If (it’s true that) you want to avoid infighting and disunity, then don’t hold elections even for the division leaders posts. Why do we allow a contest for the vice-presidency and youth chief, for example? It’s not very consistent.” – The Vibes, January 14, 2023