Parti Bansa Dayak Sarawak (PBDS) leader Dr James Masing today maintained that the Registrar of Societies (ROS) did not declare his faction's triennial delegates conference (TDC) illegal but had only deemed it unacceptable.

Masing said he arrived at this conclusion based on certain words used by ROS Dahari Ibrahim in a letter addressed to him in his capacity as Minister of Social Development and Urbanisation. The letter was delivered to him personally during their meeting on Monday.

"The letter contains two issues which I will quote here in the exact words in its original form: 'bahawa mesyuarat TDC tersebut tidak dibuat mengikut undang-undang berdaftar Parti Bansa Dayak Sarawak (PBDS) dari segi kuara penetapan mesyuarat dan pengeluaran notis mesyuarat'.

(That the TDC was not convened in accordance to the party's rules and regulation on aspects issuance of meeting notices)

"The letter then concludes as follows: 'Oleh itu, dukacita dimaklumkan bahawa TDC tersebut dan semua keputusannya tidak dapat diterima oleh Jabatan ini'.

(We regret to inform that the TDC and all the decisions made during the meet cannot be accepted by this department)

Critical words

Masing told a press conference that the critical words in the second sentence were 'tidak dapat diterima oleh Jabatan ini'. (Not acceptable by this department)

To his knowledge, the PBDS leader claimed, the above words meant that the July TDC was not illegal.

"We shall convene a meeting to address the issues," said Masing, explaining later that his faction would seek the opinions of various experts on how to reply to the ROS' letter.

"We are confident that we can satisfactorily explain to the ROS the reasons behind our TDC in Bintulu. And we are optimistic that the ROS will hear our appeal," he added.

He remained tightlipped about the other issues raised in the letter but however dropped a hint when he asked reporters to address him as the president of his faction and not PBDS.

"It is of little significance," he told reporters when pressed to reveal the additional contents.

Malaysiakini learnt that Masing had been advised not to carry out activities that contravene the party constitution.

Tajem is president

In his clarification yesterday, the ROS said rival leader Daniel Tajem was the president of PBDS by virtue of him succeeding Leo Moggie, who stepped down as president on June 25.

Prior to that, Tajem was deputy president while Masing information chief.

The ROS has also issued a show-cause letter to PBDS to explain certain matters regarding delegates from 29 branches who were in the attendance list of another TDC held in Santubong, Kuching on July 26-27.

Dahari said if Tajem's faction failed to provide a satisfactory reply within 30 days, the party could face a fine or even de-registration under Section 13 (2).

In other words, the ROS has yet to decide whether the Santubong TDC had also failed to comply with the provisions in the party constitution.

Tajem told malaysiakini that he and several party leaders, including lawyers, were working on a detailed written explanation that he hoped would satisfy the ROS and prevent the party from getting into serious trouble.

Working together

Commenting on this, Masing said that if the ROS accepted the explanation from Tajem's group and affirms their TDC then "it means they win".

"If they are magnanimous enough they must bring us in. If not that is entirely their own decision," he added.

He said he was also aware of the rumours that his faction was planning to form a new party.

"As I've said before, if the party is de-registered, forming a new political is an option," he added.

Masing also confirmed that during the meeting in the Home Ministry on Monday, also attended by Tajem, there was a "gentle advise given that we (the two factions) should try and get together as one team."

"It is a political advice from Pah Lah (Deputy Prime Minister Abdullah Ahmad Badawi) conveyed through the officials," he said.