Balkis Constitution – An Analysis…

First of all, I would like to thank the Good Samaritan that drops the envelope containing Balkis Constitution into my mailbox. It would have been better if you had leave your name and telephone number so that I could thank you personally.

I have been trying to get my hand on the constitution from the day, the Balkis issue erupted. I had even written to Dr Khir Toyo but was not given a copy. For the benefit of all readers I am going to extract the relevant piece of information from the constitution that seems to be an issue with the office bearers and the State of Selangor. Please bear in mind, when you read the constitution that I had not verified with ROS Selangor, whether this is indeed the updated copy of the constitution.

Balkis stands for “Badan Amal & Kebajikan Isteri Isteri Selangor” which was officially registered in 1985 with registration No of 3687/85 with the official address being the MB Selangor office.

Under “Fasal 4’ of the constitution, it outlines the objective of the association where it is supposed to be a voluntary, charitable organization which will support all Malaysian irrespective of ethnicity and religion.

The membership is restricted to two categories i.e. ordinary members which are wives of MB and the wives of other political office bearer in Selangor as well as those of the ex office bearer. The other category of members is non voting members which is restricted to wives of senior government servant of Selangor.

This is an organization where man cannot be members! I wonder what would happen if one day the MB of Selangor is a woman. The husband of the MB cannot become a member of Balkis.

At Balkis, Zaharah Kechik dissolved Balkis by calling for an EGM (as per Fasal 12). Item 12c quite clearly spelt that 14 days notice is to be given to all members and the EGM must be held within 30 days from the day they decided to have the meeting. Going by what transpired and reported in the papers, this 14 days notice was not met. Going by this alone, it means that he EGM was not held according to procedure and as such the EGM validity is questionable.

Based on “Fasal 9” of the constitution, the YDP (chair person) of Balkis must be the wife of the Menteri Besar. This clearly means that at the time when Balkis was dissolved, Zaharah Kechik is not YDP and the wife of TSKI should be the YDP. An EGM is supposed to be called to ratify the appointment.

Balkis Dissolution

The issue of dissolution is address under “Fasal 18” where it states that a request by 20% of the voting member must submit in writing the request to dissolve the Association. It is not certain whether this condition is met. Again a 14 days written notification to members is also required. It is said that after the dissolution of the Association, the assets and monies can be donated to the government or any other bodies that is approved by DG, Board of Inland Revenue Services.

Furthermore, under the ROS Regulation, for any association to be dissolved, the office bearer needs to submit a completed Form 6 to ROS and the Director of ROS than will decide whether the association can be dissolved. An Association is considered dissolved, when the Society Original Certificate is returned after being issued with Notice 131A.

Going by what has transpired, it is doubtful that this condition is met and hence

a. The association has not been dissolved.

b. The office bearer must get the approval of DG of IRB before transferring the money.

c. The money cannot be transferred out before Notice 131A is issued.

Puan Zaharah Kechik, from what I have read and analyze, it is quite obvious your committee action of transferring RM9.9 mill within 3 days from Balkis Account is illegal and could be considered as a Criminal Breach of Trust. The laws of CBT are very clear.

You and your office bearers are trustee to the association. As office bearers, you need to protect the interest of the association and not your personal interest. The interest of the association is to serve the underprivileged. Despite not being the YDP you and your friends are still members of the Association. This is clearly specified in the constitution. You and your friends presence should provide adequate check and balance in ensuring that the monies will not be abused as publicly claim by your husband.

It is not your personal money. Do the right thing, Zaharah. Revert the monies back to the association.The association has not been successfully “killed” by you or your friends. Dr Khir, please talk to your wife and help her to undo what has been done. Her action is in a small part is further degrading your image. Lastly, the association is not yours. It belongs to the members.