Sacked Mtuc President Lodges Police Report Against Rival Group

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Effendy Abdul Ghani (right) contends that he remains the MTUC president despite his purported removal from office by a faction led by secretary-general Kamarul Baharin Mansor.
PETALING JAYA: The ongoing dispute within the Malaysian Trades Union Congress (MTUC) appears to have intensified, with its recently “sacked” president announcing that he has lodged a police report against two current leaders who are weighing up a counter report and legal proceedings against him.
Effendy Abdul Ghani says his purported removal by a group led by Kamarul Baharin Mansor, whose own position as secretary-general remains in dispute, violates MTUC’s constitution and a 2023 court order.
In his report, Effendy said the general council meeting held on Jan 19 to remove him and appoint vice-president Dauzkaply Nor Ghazali as acting president was in violation of the law.
“The duo’s actions are illegal as the Registrar of Societies (RoS) had in a letter dated Aug 16, 2024, declared all meetings and decisions null and void after the High Court declared MTUC’s triennial elections null and void.
“Their actions have brought disrepute to MTUC and thrown the organisation into disarray. I hope the police will investigate the matter to bring stability back to the nation’s largest labour centre,” he said in a report sighted by FMT.
When contacted, Effendy said the MTUC constitution clearly states that its working committee, which comprises all current elected leaders, will run the show if the court declares the triennial delegates conference null and void pending the disposal of all legal proceedings.
“Since MTUC’s appeal against the declaration is still pending in court, Kamarul’s actions contravene the constitution. His group did not hold a working committee meeting to approve the general council’s meeting in the first place.
“It is thus rendered illegal until a decision is handed down by the Court of Appeal on Feb 21. Until then, I am still the president,” he said.
Meeting validly convened, says Kamarul
Kamarul took a different view, saying the general meeting which removed Effendy was validly convened.
“It was attended by 38 union leaders. I will seek the general council’s approval to lodge a police report and commence legal proceedings against him (Effendy) for refusing to abide by the council’s decision,” he said.
Kamarul said the human resources ministry’s trade union affairs department cannot implement any decision disqualifying him from holding the post of secretary-general of the union he leads.
He also cited article 7(1) of MTUC’s constitution, which says “the sole responsibility and authority for conducting the business of MTUC between the intervening periods of its two triennial delegates conference shall rest entirely with the general council”.
In August 2023, the High Court stayed its order annulling MTUC’s triennial delegates’ conference, subject to several conditions.
Judicial commissioner Chong Yeow Choy ruled that the current office-bearers were only permitted to conduct MTUC’s day-to-day administrative affairs and must refrain from making policy decisions on its behalf.
On Tuesday, the group led by Kamarul announced that Effendy had been sacked, with Dauzkaply appointed as acting MTUC president.
Effendy’s faction disputed the decisions, saying it was not a day-to-day matter and violated the court order.
Effendy also said RoS had last year stripped Kamarul of his position as MTUC secretary-general. - FMT

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