PETALING JAYA: Institutional reform group Bersih has called for a new law to regulate political parties separately from other organisations, following controversy over Perikatan Nasional's deregistration by the Registrar of Societies (RoS).
Bersih chairman Faisal Abdul Aziz said the dispute highlighted the need to reform the laws and institutions overseeing political parties, which are currently registered under the Societies Act 1966.
“Registering political parties under the Societies Act could raise questions about the RoS's independence from executive influence, despite Section 3(1) of the Act stating that the registrar is appointed by the Yang di-Pertuan Agong,” he said in a statement.
Faisal said a dedicated Political Parties Act would be a more appropriate long-term solution, allowing political parties to be registered and regulated separately from other organisations.
Citing Kenya’s Political Parties Act 2011 as an example, the Bersih chairman said the law provided for a selection committee responsible for appointing the registrar of political parties.
“The committee comprises presidential appointees who are not members of the executive, representatives of the Law Society of Kenya, political parties represented in Parliament and the Senate, as well as other stakeholders," he said, adding that proposed candidates were presented to Kenya’s Parliament for approval.
Faisal said the scope of such a dedicated law should extend beyond the appointment of the registrar to cover procedures for forming political coalitions, both before and after elections.
“It should also regulate political party finances by requiring parties to declare their assets, expenditure and political funding contributions," he added.
He also proposed establishing a special tribunal to adjudicate internal disputes within political parties and coalitions. This would provide the parties involved with a formal avenue to seek justice and ensure their right to be heard.
On Thursday, the High Court granted a stay on PN's deregistration pending the outcome of the coalition’s judicial review against the RoS.
The RoS and home minister have since appealed against the stay.
PN filed its judicial review application on Oct 5, seeking to quash a notice requiring the coalition to explain why it should not be deregistered, as well as a separate notice suspending its activities indefinitely.
The application was filed by the secretaries-general of five PN component parties, excluding Bersatu.
