PETALING JAYA: The Malaysian Trades Union Congress (MTUC) has welcomed the Kuala Lumpur High Court’s dismissal of a judicial review challenge against the Director-General of Trade Unions (DGTU), saying the ruling confirms the DG acted within its legal authority in regulating union affairs.
MTUC vice-president Ismail Ali said the decision underscores that the DGTU is empowered and duty-bound to ensure trade union governance complies with the Trade Unions Act 1959, particularly its investigative powers under Section 4A and eligibility criteria for office-bearers under Section 26(1A).
“The Court’s decision further confirms that the DGTU has the authority and responsibility to ensure that the governance of trade unions is carried out in accordance with the requirements of the Trade Unions Act 1959,” he said in a statement on Friday. (Sept 4)
The case stemmed from the DGTU’s May 9, 2024 decision not to register Kamarul Baharin Mansor as union secretary for the 2023–2026 term, citing questions over his employment status and whether he qualified as a “workman” eligible to hold office.
Ismail said the High Court’s findings mean Kamarul’s eligibility to hold or contest any union position during the relevant period—including at the MTUC Triennial Delegates Conference on Aug 3, 2025—must be assessed in light of the court’s ruling, the DGTU’s decision and the law.
“This demonstrates that compliance with eligibility requirements prescribed by law is not optional, but an obligation that all parties must respect,” he said.
He added that actions taken by individuals whose eligibility is disputed can be scrutinised or challenged through proper legal and governance channels.
Ismail, who is also president of the Union of Pos Malaysia Uniformed Staff, urged all MTUC-affiliated union leaders to uphold the rule of law, transparency, accountability and good governance, stressing that the interests of workers and members must always take precedence over those of any faction.
He noted that internal disputes within the MTUC Working Committee have consumed considerable time and attention since the Triennial Delegates Conference, and criticised moves by Kamarul that bypassed the committee, including plans to hold a Special Delegates Conference on Oct 4, 2026 at the Ideal Convention Centre in Shah Alam.
“The agenda for the conference was also not discussed collectively within the MTUC Working Committee.
“Freedom of association is a right that must be respected and protected. However, such freedom must be exercised within the framework established by law,” he said.
