KUALA LUMPUR (Nov 16): The High Court on Thursday ruled as non-justiciable Dewan Rakyat Speaker Tan Sri Johari Abdul’s decision on not declaring the casual vacancy of four Sabah parliamentary seats, after the former Bersatu party members switched support to Gabungan Rakyat Sabah (GRS).
As a result, judge Datuk Amarjeet Singh dismissed the judicial review application by Bersatu vice-president Datuk Seri Dr Ronald Kiandee and the party's organising secretary Datuk Capt (Rtd) Muhammad Suhaimi Yahya against Johari and the four MPs.
“The court is bound by cases in the Federal Court, namely it has no jurisdiction to question the decision by the speaker. Hence, this court dismisses the judicial review, and no order is made as to costs,” Amarjeet said.
In the decision, the High Court allowed the preliminary objection by the Attorney General's Chambers representing the speaker, which objected to the judicial review application in August, on the basis that Johari’s decision is non-justiciable, as it falls within the four walls of the legislature under Article 63 of the Federal Constitution.
Ronald, when met after proceedings, said he would discuss with his lawyers on whether to appeal against the High Court decision.
The issue before the court centred on the newly constituted Article 49A of the Federal Constitution — the anti-hopping legislation — which was passed during Tan Sri Azhar Azizan Harun’s time as the speaker.
It basically stipulates that a member who has resigned or ceases to be a member of a political party after being elected in the Dewan Rakyat shall cease to be a member of that house, and his seat shall become vacant.
The four MPs — Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Jonathan Yasin (Ranau) and Datuk Matbali Musah (Sipitang) — had declared their support for GRS and not Bersatu.
Armizan, who is also the minister in the Prime Minister’s Department in charge of Sabah, Sarawak affairs and special functions, as well as the acting domestic trade and cost of living minister, was present among the four.
Bersatu was represented by Azhar, Chethan Jethwani and Pravin Thangarajoo, while senior federal counsel Farah Shuhada Ramli appeared for Johari. Datuk Firoz Hussein Ahmad Jamaluddin, Wafiy Azman, Woo J Enn and Choo Shi Jin appeared for the four MPs.
Bersatu had named Johari and the four MPs in the judicial review application, challenging Johari’s decision not to declare the seats as vacant, following the four MPs' switch from Bersatu to GRS after the 15th general election in November.
The issue of the status of the four MPs arose after former Sabah Bersatu chief Datuk Seri Hajiji Noor announced on Dec 10 that Sabah Bersatu leaders had unanimously decided to leave the party, but would remain under GRS.
Following that, Bersatu’s Ronald said in a statement on Dec 29 that the party had sent a notice to Johari confirming that “casual vacancies” had occurred for the four seats, in accordance with Article 49A (3) of the Federal Constitution.
Bersatu through Ronald had argued that it had given notice to the speaker on the occurrence of casual vacancy of the four seats following the MPs' move to GRS.
Article 49A(3) stipulates: “Whenever the speaker receives a written notice from any member of the House of Representatives on the occurrence of casual vacancy among the members of the House of Representatives under this Article, the speaker shall establish that there is such casual vacancy, and notify the Election Commission accordingly within 21 days from the date he received the written notice.”