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IN the March 2008 general election, the MCA suffered severe losses, winning only 15 out of 40 parliamentary seats contested and capturing just 31 out of 91 seats it vied for. Although these losses dented the party’s viability, some top MCA leaders are now fighting for the right to pilot this Titanic.

Instead of acting to restore the MCA’s political seaworthiness, these leaders have called for fresh polls in the party.

Even though office bearers and members of the Central Committee (CC) were elected in October last year and an extraordinary general meeting (EGM) was held on Oct 10 this year, this insistence on staging another potential slugfest reinforces the perception some MCA leaders have lost their political compass.

Under the party’s rules, a fresh poll for the CC must be held within 30 days if at least two-thirds of its elected members step down before their tenure ends. Last Tuesday, 13 CC members submitted their conditional letters of resignation.

It remains to be seen whether the remaining elected CC members will hand in their resignations before the Dec 25 deadline.

If new party polls are held, the timing couldn’t be more inopportune. The Malaysian economy is emerging from a recession, the government is mulling over major changes that could transform this country while party president and transport minister, Datuk Seri Ong Tee Keat, is battling to ensure those responsible for billions of ringgit lost in the Port Klang Free Zone scandal are held accountable.

Assuming new party polls are held, top MCA leaders must ensure the extraordinary legal impasse resulting from the Oct 10 EGM is avoided.

At the EGM, three resolutions were tabled: a vote of no confidence against party president Ong, an annulment of the CC’s decision to suspend Deputy President Datuk Seri Dr Chua Soi Lek and his reinstatement as deputy president.

Voting on these resolutions produced a remarkable result. The first resolution was morally persuasive but legally unenforceable. Under the MCA constitution, a party president can only be removed if two-thirds of EGM participants vote to do so. At the Oct 10 EGM, only 1,155 participants or just 50% voted to adopt the first resolution.

Because participants voted to overturn Dr Chua’s suspension as an ordinary member but not as deputy president, implementing all three resolutions would have created vacancies in the two top party positions. Without provisions in the MCA’s constitution detailing how the replacements should be chosen, complying with the resolutions could have resulted in a bonanza for lawyers.

Whether these legal considerations were inadvertently overlooked by the conveners’ legal advisers, whether this was designed as a clever opt-out strategy in case of failure or whether this was the intended outcome that backfired – Dr Chua was later reinstated as deputy president by the registrar of societies – is debatable.

What the Oct 10 EGM underscores is the need for thorough preparation and agreement by all contestants on the ground rules.

A case in point is the dispute over the number of CC members who must resign to invoke fresh elections. One faction claims the number is 20 resignations while others argue 21 CC members must step down.

There are 30 elected CC members. One elected CC member, Datuk Lee Sing Chooi, died last December. His replacement, Senator Heng Seai Kie, is an appointed member. The number of CC resignations needed to trigger fresh elections depends on whether Senator Heng is deemed an elected or appointed CC member.

Dr Chua, who heads the special committee to look into the technicalities of the new poll, says the required number is 21 resignations.

Although trifling, this issue highlights the probability that any legal ambiguity may be used by losers to challenge the results of the new CC polls. Improperly conducted, the new party polls could be a palliative, rather than a cure, for the MCA’s leadership crisis.

To resolve the MCA’s leadership crisis, calls have been made for Umno to intervene. If this happens, it will be third time Umno’s help has been requested. Although operationally viable, this option is politically untenable.

MCA’s poor showing at the March 2008 general election was largely because of voter perception the party was subservient to Umno. Any MCA leader seen to be anointed by Umno would be severely compromised. Umno President Datuk Seri Najib Razak is clearly aware of the pitfalls of an open intervention.

MCA leaders must realise voters are likely to adopt the view that a political party unable to resolve an internal crisis through its own efforts is unlikely to be able to help its political constituents.

Opinions expressed in this article are the writer’s personal views and should not be attributed to any organisation she is connected with. Comments: letters@thesundaily.com