KUALA LUMPUR (Nov 18): Opposition political party Parti Pribumi Bersatu Malaysia (Bersatu), through its two office bearers, has filed an originating summons against five Members of Parliament (MPs) to vacate their seats. The five MPs were elected under the party’s logo in 2022, but later became independents who are close to Prime Minister Datuk Seri Anwar Ibrahim.
Bersatu, through its secretary Datuk Captain (Rtd) Muhamad Suhaimi Yahya, and Bersatu whip and vice-president Datuk Seri Dr Ronald Kiandee, who is also Beluran MP, named Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Dr Zulkafperi Hanapi (Tanjong Karang), and Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), along with Parliament Speaker Tan Sri Johari Abdul, as defendants.
The suit was filed through Messrs Chethan Jethwani at the High Court on Friday (Nov 15).
Through this legal action, Bersatu is seeking a declaration that Johari had acted in contravention of Article 49A(3) of the Federal Constitution on July 9 this year, to wrongfully decide that there was no casual vacancy for Jeli, Gua Musang, Kuala Kangsar, Tanjung Karang, and Bukit Gantang.
The party further wants a declaration that Johari must comply with the express provisions of Article 49A(3) that there are casual vacancies for those seats, and notify the Election Commission within 21 days of the order by the court.
Furthermore, the plaintiffs are also seeking a declaration that Johari had failed in his duty as the Dewan Rakyat Speaker, in accordance with Article 49A(3), and that matters relating to Bersatu membership and the interpretation of its party constitution by the party are considered final and conclusive as per the intent of Section 18C of the Societies Act 1966, following a notice issued on June 20 this year.
Further, they are also seeking for the seats of Kuala Kangsar, Gua Musang, Jeli, Bukit Gantang and Tanjung Karang to become vacant, pursuant to Section 49A(3), along with damages to be paid to the party.
Article 49A(3) states that a member of the Dewan Rakyat shall cease to be a member of that House, and his seat shall become vacant if the MP:
(a) having been elected to the Dewan Rakyat as a member of a political party, resigns as, or ceases to be a member of that political party; or
(b) having been elected to the Dewan Rakyat otherwise than as a member of a political party (i.e. an independent candidate), joins a political party as a member.
In his affidavit in support of the suit, Ronald, who once served as Dewan Rakyat deputy speaker for two consecutive terms, claimed that the five MPs had shifted their support to Anwar and the Government, beginning Oct 12, 2023,.
“This clearly goes against Bersatu and Perikatan Nasional’s (PN) decision to not support, nor join the Government led by Anwar, for the following reasons, as PN decided not to support Anwar and remain as the Opposition.
Furthermore, Ronald said that the five MPs, despite claiming to still be Bersatu members, through their actions could be considered as “party hopping”.
“They have manipulated the provisions of anti-party-hopping [laws] to take advantage of not leaving the party, although their actions go against Bersatu’s policy. Article 49A(3)’s insertion is to prevent the very actions done by the five defendants.
“Johari is responsible for establishing a casual vacancy in Dewan Rakyat, after he was informed (by the party). [But] as a result (of the decision by Johari), the act of “party hopping” will continue to run rampant and cannot be curbed, although the amendment in the form of Article 49A of the Federal Constitution has been legislated,” he said.
Ronald said that in allowing the five MPs’ actions, Johari, as Speaker, tarnished the provisions of Article 49A of the Constitution by declaring these acts as not acts of party hopping.
“Johari’s action, in exceeding his jurisdiction under Article 49A (3) of the Constitution by making such perverse interpretation, has tainted the anti-party-hopping provisions,” the Beluran MP claimed.
The case has been fixed for case management before the High Court on Nov 29.