KUALA LUMPUR (July 11): Dewan Rakyat Speaker Tan Sri Johari Abdul has upheld his decision not to vacate the seats of six Members of Parliament who have been stripped of their Bersatu membership.
Johari emphasised that he was "not a postman" merely informing the Election Commission of a vacant seat upon receiving notice from a political party.
"Whatever is submitted to me, I study everything, including the statements and the constitutional amendments of Bersatu. Therefore, my decision remains, as the seats are not deemed vacant," Johari told the lower house of Parliament on Thursday.
In two letters dated July 9, Johari informed Bersatu chief whip Datuk Seri Dr Ronald Kiandee that the six MPs, who were formerly members of Bersatu, do not have to vacate their seats.
The six MPs are Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Dr Zulkafperi Hanapi (Tanjong Karang), and Datuk Dr Suhaili Abdul Rahman (Labuan).
All of them were sacked by Bersatu for openly supporting the unity government and Prime Minister Datuk Seri Anwar Ibrahim after Bersatu amended its constitution to prevent more MPs from switching allegiance and declaring support for other parties.
Regarding the first letter concerning Suhaili's status, Johari said that after reviewing the notices and responses, including the ongoing legal proceedings between Suhaili and Bersatu Secretary General Datuk Seri Hamzah Zainuddin at the Shah Alam High Court, the Speaker decided that no vacancy had occurred.
For the second letter regarding the five other MPs, Johari stated that after reviewing the notices of cessation of their membership in Bersatu and their responses, there were no grounds to declare their seats vacant under Article 49A(1) of the Federal Constitution.
Article 49A of the Federal Constitution is commonly known as the anti-hopping law.
Opposition walkout
Earlier, several MPs raised points of order in the House to criticise the Speaker for making the wrong decision.
Ronald argued that the Speaker does not have the right to interpret Article 49A, insisting that the Speaker's role is only to ensure the vacancy of the seats.
"The Speaker has clearly acted beyond the power under Article 49A," Ronald argued.
Meanwhile, Hamzah, who also serves as the opposition leader, said that it was his prerogative as the party's secretary general to determine whether any Bersatu member had ceased to be one.
He said Johari should have emulated Kelantan State Assembly Speaker Datuk Mohd Amar Abdullah, who declared the Nenggiri seat, which was previously held by Azizi, vacant.
"I want to let the Speaker know that this decision is wrong. You are the one destroying the Federal Constitution," Hamzah said before leading the opposition MPs in a walkout from the House.
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