Both Umno and MCA top leaders have been warning their members not to take 'party matters' and 'party decisions' to court. These matters and decisions usually involve decisions of enforcing discipline, exercising powers to suspend constitutional rule (as in the case of MCA suspending party elections) and ordering subordinate units of the parties to cease functioning, etc.

Is it fair and just for the incumbent top party leadership to stop members questioning decisions that affect their rights and responsibilities in legally constituted courts of law? I do not think so.

I think all members of political parties must be given the right to challenge unfair and unjust decisions in open court to obtain natural justice (like in disciplinary cases) or to uphold the party constitution.

For example, the order to suspend all party elections in MCA contravenes the party's constitution itself, and therefore it contains a certain element of fraud.

A member pays to join MCA in return for the constitutional right to vote or be voted in party election. If party elections are suspended, then one can justifiably claim for refund (of the membership fee). If no refund is given, one must be entitled to sue the leadership in court.

If party matters and decisions cannot be challenged in court, then it means political parties in Malaysia are above the law. They have become a kind of secret society.

I hope our judicial authority would make a decision to allow matters and decisions made within political parties to be challenged in court so that natural justice and common law can be preserved.