Why the Plaintiffs did not requisition for an EGM

This article was emailed to CT by one of the Plaintiffs.


Many have asked why the Plaintiffs did not exhaust all the avenues available to them in the Constitution before going to court. Why did they not requisition for an EGM?


The reason is that the provisions in the Constitution were engineered to make that almost impossible. There are provisions for members to requisition for an EGM but the requirements are there to make sure we cannot do it.


The Constitution in Rule IX.(1) provides that the quorum for any general meeting shall be “one-fourth of the total voting membership of the Church”.


However, this is modified by the next clause that says,


“If within half an hour from the time appointed for a General Meeting a quorum is not present at the said meeting, the Voting members so present shall by a two-thirds majority vote resolve that all Voting Members so present shall constitute a proper quorum for such a General Meeting, notwithstanding Rule IX(1) above…”

This means that, at the extreme, just one Voting Member present would be enough to form the quorum. After half an hour he can vote and have a unanimous decision that he is the quorum.

However, the above provision is not applicable if the General Meeting was requisitioned by the members. Let’s say that there are 800 voting members. To requisition for an EGM we would need to get at least 200 (one-fourth) Voting Members to sign.

After that the requisition would be handed to the Board. The Board then has 30 days to convene the meeting. If they failed to do so the requisitioning members can hold the meeting. However, the quorum for such a meeting that had been requisitioned by the members is now 400 (one-half) Voting Members.

Although the Plaintiffs were confident of getting the 200 signatures they were however not confident that at least 400 would turn up. PG and the Board with its propaganda machinery through the Life Groups could easily persuade the Voting Members not to be present for the Requisitioned EGM by the members. They could be intimidated not to be present with “your position could be at risk” talk.

Therefore, the requirements in the Constitution made it almost impossible for the Plaintiffs to successfully requisition for an EGM.

Previously, the average attendance for an AGM is 60% to 70% of the Voting Membership. However, at the recent EGM held on the 20 May 2011, the attendance was only slightly more than 200 Voting Members.


So, in view of the requirements imposed for requisitioning for an EGM, the Plaintiffs instead tried to have their Resolutions put before the members at the 2009 AGM. They just wanted the members to decide and be allowed to exercise their rights as Church Members to vote but PG and the Board refused to even allow the members to make their decision.

There is a "feel good" clause in Rule IX which says, “The full powers of administration of the Church are vested in a General Meeting of the church members.”

We now realise that that Clause is a lie. It was placed there to make the members feel good. Members at a General Meeting do not have full powers of administration. This is just a hanging statement, and there are no subsequent provisions to support this statement.

Instead, all subsequent provisions in the Constitution give full powers to the Board as seen in Rule XIV which states that Board is “…the sole authority for the interpretation of the Rules and By-Laws.” 

This was the Clause that the Board used to throw out the Resolutions submitted by the Plaintiffs. The Board is given full authority to interpret the Constitution to their own advantage.

We are now in bondage to the Constitution that was most cleverly crafted by PG in 1985. At that time we all thought he could do no wrong. We all voted for the Amended Constitution without understanding its implications. Some actually did have private meetings with PG at that time to voice their concerns about the absolute powers given to the Board but yet voted for the 1985 Amended Constitution. We were blinded by our trust in PG as the Senior Pastor of Calvary Church.

If the Constitution is so badly flawed why not change it?

Ah! Yes, but only the Board can make changes to the Constitution, not the ordinary Voting Members because,

Rule XV(1) says, “…no resolution to amend the Rules and By-Laws shall be brought before the Church by the Board of Deacons unless it has the support of at least two-thirds of the Board of Deacons.”

So unless the Board initiates THE CHANGE, there can be no changes to the Constitution.
The Board would not initiate it unless PG approves of it.

The Constitution Review Committee had been in existence for more than two years, since the start of this CC Saga, yet nothing has happened until today. The only amendments made were those recommended by the Financial Task Force pertaining to the appointment of External Auditors and a Financial Controller for the Church.

Until today the Financial Controller has not been appointed. This shows that PG and the Board has just put it all up just as window dressing and lip service to pacify the members when things were getting hot at that time.

The Plaintiffs recognized that changing the Constitution is most important for things to improve in Calvary Church. In the recent court-assisted mediation the Plaintiffs proposed that the Church Board set up an Independent Committee comprising the two sets of lawyers “…to review and draft such amendments as would be appropriate for a congregational church with such checks and balances, structures and procedures as are necessary for good church governance”.

PG and the Board rejected it. They are not interested in good church governance. They are only interested in maintaining the structure that had protected their power base including the power to control more than RM100 million of assets belonging to the Church, rightly said as belonging to the Members of the Church.

No body gives up power willingly. It would require a popular uprising. But PG is smarter than most leaders. There can be no popular uprising in Calvary Church. He had removed the threat before it can happen. He got rid of all those whom he thought could be part of the uprising. He got rid of whole families. This action by PG was endorsed by the Board and the Associate Pastors.

When questioned how this could happen they just kept quiet, unable to give any reply. They are equally guilty of this crime against the members, the purging of members which is not unlike ethnic cleansing.

So we see now, the Calvary Church Constitution which was so cleverly and deceitfully crafted by PG in 1985 that today in 2011, when tested, we see the extend of its power that even the High Court cannot give us, the members of Calvary Church due justice.

However, today we recognise God’s hand in leading us, the members of Calvary Church, to expose this deceit embedded in the Calvary Church Constitution which was so cleverly hidden all these years.



If God is not with the Concerned Members, then how could a small group of members cause such a stir in a large Church Organization such as Calvary Church, Kuala Lumpur which is pastored by a world renowned man?



What was hidden from the Church Members is not hidden from God. God knows everything and He will expose all sins and wrong doings especially those done under the guise of His matchless Name.


What is the expose that we feel God has revealed and warned us about, through this Calvary Church Saga?

The Constitution of Calvary Church is so powerful that even the high court cannot give us due justice. The danger now is that domineering Pastors, Pastors of independent churches and AOG churches, Pastors that are not under the oversight of a denominational authority or those registered as a Berhad or a Society, will take the Calvary Church Constitution as their model.


These churches are not governed by any law or authority. They are an authority unto themselves. If you are attending such a church beware. No one can help you when there are financial mismanagement or abuse of power. The AOG General Council or the NECF cannot interfere or intervene. Now we found out not even the Courts of the land can. You are at the mercy of your Senior Pastor. What if they are no longer serving the Lord but themselves?

“An astonishing and horrible thing has been committed in the land: The prophets prophesy falsely, and the priests rule by their own power; And my people love to have it so. But what will you do in the end?” Jeremiah 5:30,31


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Note from the administrator :

These are words of encouragement from a caring brother who have been constantly giving us encouragement to help us along in this journey. We are grateful that God has sent people like Bro. Vijay whom we do not know personally but through his words of encouragement here have become a familiar friend and brother to the TTG cause.

Bamboo Conspiracy said...

Spiritual Ploughing

"But Jesus said unto him, No man, having put his hand to the plough, and looking back, is fit for the kingdom of God" (Luke 9:62).

I am with my elders in Dallas, Texas who are aware of the Calvary Church saga and the verdict of the court. The Word for those fighting the good course is Luke 9:62. The Lord has commissioned these not to look back but to pursue the righteous course in FAITH.

The Elders were not surprised with the verdict of the court! It was meant to be. It came from the throne of God. Although it may appear, those who fought the Good Fight “lost”, but in the Spiritual world, they have already won! It is those who have desecrated the house of God, i.e. the present leadership, the AOG and spiritually blind members who have lost.

I mention the AOG because the learned judge pointed out that among the remedies available, “the Plaintiffs should have requisitioned for a special EGM to petition for the intervention of the Assemblies of God of Malaysia to resolve the problems in Calvary Church.”

(However, we all know that the provisions in the Constitution are engineered to make this an almost impossible task.)

NEVERMIND. Yes, the court has given its verdict, but God has given His final verdict even before the Calvary Church saga materialized. Nevertheless, before the Lord executes His judgment, He wants us to come to the end of all hope so that when His vengeance is executed, the AOG, the present leaders and the spiritually blind members will know that it is GOD who delivered His people. God is jealous of His glory and will never allow another to rob Him of His glory!

How true the conclusion in the Blog: “The AOG General Council or the NECF cannot interfere or intervene. Now we found out not even the Courts of the land can. We are at the mercy of the Senior Pastor. What if they are no longer serving the Lord but themselves?”

Indeed we are at wit’s end. We no longer have the answer to the Calvary Church saga. BUT GOD DOES!

During the time of Jesus, ploughing was the most difficult and the heaviest work that anyone might contemplate. For one thing it is at a time of the year (winter) when things are most difficult. Yet, against everything the ploughmen have to force their way. In addition, ploughing is a lonely task and only a few have the emotional capability to do the job.

That is exactly what Calvary Today, TTG and other supporters of the righteous course such as the two lady lawyers (who acted pro bono) have done…….they have ploughed alone through the difficulties.

Have you ever pondered who is behind the events that have now become the Calvary Church saga? We may think it is satan, the rogue leaders, the BOD, the AOG or even members of the spiritually blind congregation. The truth is - it is not. The initiator is no one else BUT GOD!

God has determined according to the council of His will to use satan, the rogue leaders, the AOG and spiritually blind members as pawns to carry out His plan. For the Lord has purposed to ‘stir up the eagles nest’ and purge the present state of Christianity in Malaysia, including the AOG.

Anyone preaching that all is well with Christianity in Malaysia is not hearing from the Lord. They speak of peace when in reality there is no peace. Those who chose to remain silent with events at Calvary Church and gone about their own business without reaching out to the suffering members will realize that they have been excluded in the future purposes of God. They will not be His instruments of Glory for that He has purposed in Malaysia.

Have you ever wondered why does the farmer plough? The farmer ploughs to produce a harvest. But before he can sow the seeds, he must scourge the land. 

Ploughing means the disturbing and breaking up, of settled conditions. When things and people have settled down, they do not like being disturbed, turned over, and broken open. Ploughing is the uncovering of what is hidden, and no one likes that – including those the Lord has commissioned such as the AOG to take care of His affairs.

Our greatest fear is that at this kairos moment, many who have fought the Good Fight are tempted to give up. We could say, 'No, it is too much' and our hearts can so easily be turned back by the consciousness of how much there is to be done. The temptation is ever present because of the vastness of the demand, its hopelessness and beyond us.

But Lord knows everything about our weariness in the way. The Lord Jesus knew something about that. "Jesus... being wearied with his journey, sat thus on the well" (John 4:6). Our greater enemy is weariness. 

Jesus as the chief of all the ploughmen of God accepted the difficult field and had commissioned His fellow-workers and said, "No man, having put his hand to the plough, and looking back, is fit for the kingdom of God". The heart must not go back. We must not contemplate giving up.

Vijay, Dallas, Texas

www.normangrubb.com

June 1, 2011 8:16 AM

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SPECIAL NOTE :

This is an additional note from the Plaintiffs in response to the many offers of financial contribution from our readers to cover the legal cost incurred.

Thank you all for your offer to contribute towards the legal cost.  With the empathy of the high court judge our legal cost to the defendants is only RM7,000 and not the RM100,000 requested.  Our two lady lawyers have been on the case for almost three years and they did it pro bono, i.e., foc.  The legal cost and disbursements have been covered by some core TTG members.  We thank you once again for your willingness to be part of this journey for righteousness sake.

Our two lawyers did a fantastic job at the hearing.  They served out of a sense of indignation and a passion for justice and righteousness to be restored to Calvary Church.   You can bless and encourage them with a word of appreciation through a thank you note or an email message via CT email : calvarytoday@gmail.com

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Court dismisses Plaintiffs’ suit

The High Court yesterday dismissed the Originating Summons brought by the 7 Plaintiffs against Senior Pastor Prince Guneratnam (PG) and the Board of Deacons of Calvary Church.



In delivering his judgment, the learned judge remarked that whilst he empathized with the Plaintiffs over the impropriety in the affairs of Calvary Church and the questionable movement of church funds to PG’s personal ministry account, he nevertheless, has to dismiss the Originating Summons on the grounds that the Plaintiffs have not fully exhausted all the remedies provided in the Church Constitution. Until those remedies have been exhausted, it is pre-mature to bring the matter before the Court.

Among the remedies available, the learned judge pointed out that the Plaintiffs should have requisitioned for a special EGM to petition for the intervention of the Assemblies of God of Malaysia to resolve the problems in Calvary Church.

CT was told that PG’s lawyer requested for legal costs of RM100,000 but the Judge awarded costs of only RM7,000 to them.


PG’s lawyer, Tan Sri Cecil Abraham of Zul Rafique & Partners is a well-known and well-connected figure in the legal fraternity and his services does not come cheap. He also used to be very active in the freemason movement in his earlier years and was involved as legal counsel in a much publicized legal dispute between fellow freemasons many years ago.


Although the Plaintiffs’ suit against PG and the Deacons are personal, it is almost certain that PG will dip his hands into the Church coffers to pay the expected high legal fees charged by Tan Sri Cecil. PG had already hinted that in one of the Friday prayer meetings sometime ago.


CT was informed by one of the Plaintiffs that they will not be filing an appeal against the dismissal of their suit.


Coming soon : CCC cost escalates further

Court Judgment to be delivered on 26 May

The High Court, which was scheduled to deliver its decision today on the Originating Summons filed by the concerned members against PG and 6 Deacons, has postponed the delivery of its judgment to 26 May 2011.

PG Continues to Hoodwink the World

This year’s World Assemblies of God Fellowship Conference was held in Chennai, India, recently. Pastor Prince Guneratnam (PG) was one of the conference speakers. Before preaching his sermon at one of the services, he gave the audience a video presentation of the Calvary Convention Centre (CCC) and shared his vision of the CCC with the crowd. Some of the comments he made were as follows:



1. The favour of God has been on Calvary Church…..I’m experiencing growth.


(Comment: Presumably he meant the church is experiencing growth but everyone in Calvary Church and many in the Christian community in Malaysia know that Calvary is not growing. The attendance has dropped much from the peak of more than 3,000 to less than 2,000 now since the church crisis started. Their Ampang satellite church has closed down since early this year and attendance at the main Damansara church continue to drop, so much so that they have resorted to closing the rear portion of the sanctuary and spacing out the pews.)


2. I’m seeing God do some very marvelous things in Malaysia.


(Comment: This is admittedly true. Other than Calvary Church, God is certainly moving among the churches in this land. Many are experiencing tremendous growth both numerically and spiritually.)


3. God has confirmed through prophesies and as visitors come, they have confirmed those prophesies.

(Comment: He failed to mention that these prophesies regarding Calvary were given some 15 to 20 years ago and they were in respect of another site in Sri Hartamas which never materialized. PG’s vision and those prophesies came to naught.)


4. They (presumably he meant invited preachers) have described Calvary Church as a fountain-head church.


(Comment: It was Rev Dick Eastman who said this about Calvary about 20 years ago. Back then, Calvary indeed was a growing church. Back then, PG was still a reasonably good shepherd who had not succumbed to pride, ambition and living a lavish lifestyle. Back then, he wasn’t a Datuk or a Tan Sri. Today, he is not the same person and today he cannot continue to declare or imply that Calvary is a fountain-head church as it is untruthful.)


5. To look for a piece of land between 4 to 5 acres in the city was almost an impossible task but when we put our faith and trust in God, God is able to do the impossible.


(Comment: PG made the above statements to imply that the hand of God was on the search for the CCC land. In so doing, he gave the impression that the CCC land is in the city of Kuala Lumpur, which is obviously untrue. The CCC land in Bukit Jalil may be on the fringe of the Federal Territory but it is certainly not in the city of Kuala Lumpur.)


6. God is faithful and men are liars.


(Comment: This is about the most honest statement that he has made and it’s ironical that he said this after telling half-truths and lies.)




Click on the sound clip to listen:

The following biodata on PG was extracted from the conference website : World Assemblies of God Celebrations


Prince Guneratnam

Rev.Tan Sri Datuk (Dr) Prince Guneratnam, Founder & President of Calvary International Ministries, is recognized as an outstanding Christian leader worldwide. Since 1966 he has been in the ministry and has served as the senior pastor of Calvary Church in Kuala Lumpur, Malaysia. He is the vice chairman of WAGF, the secretary of the Pentecostal World Fellowship and general superintendent - emeritus of the Assemblies of God, Malaysia.


In spite of Calvary International Ministries (CIM), having been de-registered by NECF, PG continues to promote CIM internationally. When he spoke at a Christian conference in Singapore last year, he was still introduced as the CIM Founder and President. Albeit CIM’s de-registration in Malaysia, it still remains alive and kicking outside the country, probably as an unregistered entity.

Click here to read : CIM to be de-registered


Although CIM’s bank accounts in Malaysia have been closed as a result of the de-registration, its bank accounts in the USA and Singapore probably remains active. The offshore banks would not know of its legal status unless they are informed.


It is therefore, not inconceivable, that his love offerings from his international preaching engagements continue to be banked into CIM’s offshore accounts. The obvious danger is that contributions to the CCC Building fund from unsuspecting overseas churches and donors may be channeled to CIM as CIM carries the “Calvary” name.


Although PG has always represented and promoted CIM in all his introduction biodata in conferences, he has never declared in printed and electronic media like the above that CIM is his personal ministry. Who will then know that CIM has no linkage whatsoever to Calvary Church? Besides carrying the “Calvary” name, remember it also shares the same address as Calvary Church.

Todate, other than Pastor Robert Lim’s church and Pastor Cho-Yonggi’s church and 1 or 2 small churches, no other churches or Christian organizations outside Malaysia have made any contribution towards the CCC Building Fund in spite of Calvary Church, having previously, supported countless other churches worldwide in their building programmes and in spite of PG constantly sharing his vision and burden wherever he preaches. This fact has always puzzled the church members.