ONLINE PETITION from the Members of AFIC

The Supreme Court of NSW* has ruled that apart from the State Councils and member societies, the members of AFIC also include individuals (persons) who are members of an AFIC-member society. Therefore, legally, the (individual) members of all AFIC-member societies are members and have the right to vote in matters relating to the governance of the Australian Federation of Islamic Councils (AFIC), including appointment and removal of its Committee of Management.

With this in view, the concerned members of AFIC request all other members of AFIC to express their support as a means of resolving the serious crises faced by AFIC:

1.     Show concern at the serious rift in the operations of AFIC which is facing extreme doom and gloom and is likely to finish as the national representative organization of Australia’s Muslim community.

2.   The present leadership of AFIC continue on the same destructive path of the previous Executive. People have been put in positions in complete disregard of the AFIC’s rules. No one can see any legitimacy and positions have been given, taken or hijacked for parochial personal interest. Legality and the interest of the community have been thrown out!

3.     The State Councils of AFIC have lost their legitimacy and the capacity to supervise AFIC’s affairs. The Councils have been stacked by the Exco and is doing the bidding of the Exco in return for recognition despite legal and moral breaches. The Exco and the Councils have become self-serving. There is no hope that the present state councils will step in to take control of the serious issues afflicting AFIC.

 4.  The so called Directors of Malek Fahd Islamic School with 3 campuses in Sydney have initiated Supreme Court proceedings against AFIC claiming in excess of $18 million from the national Islamic organization. If successful the claim will send AFIC and its very 52 year existence to the graveyard! Mr Trad and his unrepresentative Executive Committee have been groping in the dark, very clearly showing that they have no idea how to defend the charges brought by Malek Fahd. AFIC is broke except for travel for the Exco and the President and inside sources have revealed that the Trad Committee is considering the sale of a few properties of AFIC to finance the mounting legal costs. 

5.   In view of the seriousness and urgency of the matters affecting AFIC, the members of AFIC hereby exercise their democratic rights and endorse the following resolutions:

Resolutions:

(i)   the members hereby  express no confidence in Mr Keysar Trad as the President of AFIC and remove him from office as he has not been elected and has mismanaged the affairs of AFIC in defiance of conflicts of interest and governance policies and standards; Mr Trad openly flouts AFIC’s rules about his own appointment and that of others. He was among those who signed away the 8 schools of AFIC to private individuals;

(ii)    the members hereby express no confidence in Mr Mohammad Berjaoui as the Vice-president of AFIC and remove him from office as his appointment was made while the properly elected VP was never legally removed. Mr Berjaoui participated in breaches of AFIC’s governance procedures and policies including the giving away of AFIC’s eight schools to private individuals;

(iii)    the members hereby express no confidence in Mr Harun Abdullah as the Secretary of AFIC and remove him from office for not serving the interests of AFIC and acting inconsistently with the rules of corporate governance. Mr Abdullah was a key person who signed away the eight schools of AFIC to private individuals;

 (iv)  the members hereby express no confidence in Mr Abul Jalal Khairuddin as the Treasurer of AFIC and remove him from office for breaches of AFIC’s rules pertaining to his appointment; He has defied his accountability to the members and not addressed concerns raised with him and Mr Trad about his eligibility to be a member of the Exco;

(v)    the members hereby express no confidence in Mr Jamal El-Kholed as the Assistant Treasurer of AFIC and remove him from the office for not being properly appointed and contributing to the damages and detriment caused to AFIC, the giving away of its eight schools and acting in conflicts of interest and in defiance of AFIC’s governance practices;

(vi)  the members hereby express no confidence in Mr Khaled Jneid as the Executive Member of AFIC and remove him from the office for supporting the damages caused in AFIC, the giving away of the eight schools and acting in conflicts of interest and in defiance of AFIC’s governance practices;

(vii)   the members hereby express no confidence in Mr Kazim Ates as the Executive Member of AFIC and remove him from the office for supporting the damages caused in AFIC, the giving away of the eight schools and acting in conflicts of interest and in defiance of AFIC’s governance practices; and

(viii) the members hereby express no confidence in Mr Mohammad Aman as the Executive Member of AFIC and remove him from the office for supporting the damages caused in AFIC, the giving away of its eight schools and acting in conflicts of interest and in defiance of AFIC’s governance practices.

6.   The members hereby appoint the following individuals to serve as an Interim Administrative Committee (IAC):

                Br Shujat Mantoo                   Melbourne                                  

                Dr Ameer Ali                          Perth                          

                Sr Luma Al-Hammouri            Adelaide

                Sr Soofia Abbas                     Sydney

7.     The Terms of Reference of the IAC shall be as follows:

(i)    Term of office shall be until the 31 May 2018 or sooner upon the holding of elections at the 2018 Annual Congress.

(ii)    Elect an Interim Chairman, Interim Vice Chairman, Interim Secretary and an Interim Treasurer from amongst themselves.

(iii)    To conduct the affairs of AFIC in accordance with its constitution, corporations’ law and, including but not limited to the management of its day to day affairs;

(iv)   To employ personnel and terminate their tenure if necessary;

(v)    To seek to review and amend AFIC’s Constitution by 31 July 2017;

(vi)  To undertake a proper audit of AFIC’s member societies and Councils by 30 June 2017;

(vii)  To audit AFIC’s finances from 1 January 2015 to 31 December 2016;

(viii) To plan for the holding of an Annual Congress of Members by 31 July 2017 to update members on the progress of AFIC matters and to discuss and approve constitutional changes;

(ix)  To plan for the holding of an Annual Congress by 31 May 2018 where AFIC elections will be held under the amended rules; and

(xx)  The IAC is empowered to seek assistance of such experts and professionals, either on pro bono basis or for remuneration, whose expertise will be required to conduct the affairs of AFIC or its subsidiaries and to undertake the various tasks allocated to it.

8.     The members hereby resolve that the current Executive Committee, led by Mr Keysar Trad, is disbanded and dissolved upon this petition being signed by the requisite number of members necessary for the purposes of constituting the majority.

9.     This “PETITION” shall be signed by a member of AFIC by virtue of his or her membership of an AFIC-member Society and the incorporated societies whose    membership is current.

Please encourage all AFIC members to sign the petition to save AFIC before it is utterly doomed and destroyed. This is urgent and all the members have a serious responsibility in saving the national Islamic organization of the Muslim communities which is an AWQAF of the Ummah.

I, as a current member/**or on behalf of the incorporated Islamic Society agree with the above resolutions and of my own free will/*or am authorised by the Society that I represent to sign or endorse this petition by voting electronically or appending my signature to the paper petition whichever is applicable.

I hereby further consent that I have the license to use the IP Address for electronic voting and my IP Address will be recorded for authenticity purposes.

 

Name of Member:________________________Signature:_____________________

Name of Society:______________________________________________________

 

Date:________________________________________________________        

 

* His Honour Justice Stevenson J of Supreme Court of NSW in MNSW v AFIC [2016] 960 held that individual members of AFIC-member societies are members of AFIC. Copies of this Judgment can be obtained from MNSW Secretary (soofia.abbas@gmail.com).

** Please delete as applicable.