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Legal loophole allows ex-Bersatu MPs to keep their seats, says lawyer | Scoop
Bersatu has notified Dewan Rakyat Speaker Tan Sri Johari Abdul that six of its MPs have been stripped of their party memberships. – Bernama pic, June 21, 2024
News

Legal loophole allows ex-Bersatu MPs to keep their seats, says lawyer

Federal Constitution gives reps the right to pledge support for any lower House member as PM, says Mohamed Haniff Khatri Abdulla

Main Author Image
Farah Solhi
Updated
10:00 AM MYT

 

KUALA LUMPUR – There is no need for the Dewan Rakyat speaker to vacate the seats of the six former Bersatu members as the Federal Constitution accords parliamentarians individual rights to pledge support for any lower House member as prime minister.

Lawyer Mohamed Haniff Khatri Abdulla told Scoop that Article 43(2) of the Federal Constitution outlined that the Yang di-Pertuan Agong shall first appoint as prime minister an MP who in his judgment was likely to command majority confidence of the lower House.

This, he said, is a loophole that allows the former Bersatu members to retain their seats.

“If lawmakers want to infringe on that right, they have to amend it – to say Article 49A (anti-hopping provision) is subjected to Article 43(2). But this was not done.”

According to Article 49A(2), elected representatives do not need to vacate their seats if they were expelled from their respective parties, or their party dissolved.

Meanwhile, Haniff said Article 49A(1) provides that a parliamentarian would only have to vacate the seat if he or she resigns or ceases to be a member of their political party or joins another.

However, he said the move to strip their party memberships was problematic as the anti-hopping provisions were in place in 2022, long before their declaration of support for Prime Minister Datuk Seri Anwar Ibrahim. 

10102023 - Peguam Muhammad Haniff Khatri Abdullah bersama pasukan guamannya bagi memfailkan rayuan berhubung sekolah vernakular dan penggunaan bahasa Cina dan Tamil di sekolah itu di Mahkamah Rayuan Putrajaya - AZIM RAHMAN
Lawyer Mohamed Haniff Khatri Abdulla has said a loophole in the anti-hopping provisions allows the six former Bersatu members to keep their seats in the Dewan Rakyat. – Azim Rahman/Scoop file pic, June 21, 2024

Yesterday, Bersatu notified Dewan Rakyat Speaker Tan Sri Johari Abdul that six of its MPs were stripped of their party memberships.

On May 19, Haniff told Scoop that Bersatu could not retroactively apply its amended party constitution to force the lawmakers to vacate their seats, as these amendments were made after the MPs had pledged their support for Anwar.

He added that Bersatu could file for a judicial review if unhappy with decisions made by the Dewan Rakyat speaker.

The six Bersatu MPs and one state assemblyman had their membership revoked immediately after failing to respond to a written instruction from the party’s supreme leadership council to pledge allegiance to the party.

The six MPs are Mohd Azizi Abu Naim (Gua Musang), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Zahari Kechik (Jeli), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Suhaili Abdul Rahman (Labuan) and Datuk Dr Zulkafperi Hanapi (Tg Karang).

The assemblyman is Datuk Abdul Rashid Asari (Selat Klang in Selangor).

Kelantan speaker Datuk Mohd Amar Nik Abdullah on June 19 declared Azizi’s Nenggiri state seat vacated, citing the state’s constitution. – June 21, 2024

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