The phased handover of the Sabah United Chinese Chamber of Commerce (SUCCC) from its caretaker committee (CC) to an incoming executive committee has come to a screeching halt.
This follows the Court of Appeal granting the CC a stay of execution on a Dec 30 High Court order in favour of their rivals.
"Nothing is moving at all at the SUCCC," confirmed SUCC chairperson-designate Kenneth Yen. "No one is running it and the other side - the Sari Nuar faction - must bear full responsibility for all consequences arising from their continued stonewalling."
Yen, elected in 2002, has been in and out of court for the last eight years after his team's election was disputed by the outgoing Sari Nuar faction.
He disclosed that he would take legal counsel this week on how to proceed. At the moment, the exco is more inclined to let the appeal process run its course, Yen added.
He disclosed that it might still be possible to run the SUCCC day to day with a new 16-member executive committee composed of a representative each from the various Chinese chambers that are its members. However, Yen sees this approach as inherently problematic.
Exco declared valid
The CC, it was pointed out, has since been declared ultra vires the SUCCC constitution by the High Court in Kota Kinabalu. The CC was also deemed to have contravened the Societies Act 1966. The Appeals court did not interfere with these orders.
The High Court instead ruled the exco, elected on June 22, 2002, as valid and proper and allowed it to complete its two-year term from Dec 30 last year.
The latest issue raised by the Sari Nuar faction is that the two-year term of the Yen faction ended in 2004. The fact that they were not allowed to take office by their predecessors and the continuing court battles is beside the point, Sari Nuar argues.
Justice Clement Skinner in his 64-page judgment on Dec 30 agreed with Yen that his two-year term of office should run from the date of final judgment. This is based on the court accepting that he was lawfully elected together with members of his team.
Appeals Court justice KN Segara said that the appointment of members of the exco should take effect from the date of appointment for a period of two years and not from the date of judgment as the appointment had come to an end by the date of judgment.
The appeal would be rendered nugatory if stay is not granted, limited only to that part of the Dec 30 order in question, said Justice Segara who together with Justice Sulaiman Daud ruled in favour of the application by the Sari Nuar faction.
Justice Mohd Hishamudin Mohd Yunos held a dissenting view.
Justice Segara said that the stay order granted was only in respect of the High Court's order in directing the exco, formed at the SUCCC's election on June 22, 2002 to complete its two-year term with effect from the date of judgment, which was Dec 30 last year.
Yen had extended an olive branch to Sari Nuar before the latter sought the intervention of the Appeals Court. He offered not to press for costs and to drop his faction's claims for general, aggravated and exemplary damages which are pending in court. However, there was no response from Sari Nuar.
If the Appeals Court does not order fresh elections as expected by Sari Nuar, it is likely that his faction would take the matter to the Federal Court. If Sari Nuar, on the other hand win his appeal, Yen is likely to take the matter to the Federal Court to be allowed to serve his two-year term.
news courtesy of Malaysiakini
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