KUALA LUMPUR – The originating suit filed by former Nenggiri assemblyperson Mohd Azizi Abu Naim to challenge the termination of his membership in Bersatu will be heard by the high court here.
Judge Roz Mawar Rozain made the decision after finding that there were questions regarding the constitutionality of the Bersatu party that needed to be examined and heard in court. The court also held that the matter is not entirely non-justiciable, as the suit is not just a mere political dispute and cannot be struck out at this juncture.
The judge set April 28 for the full trial. Azizi, who is also Gua Musang MP, is represented by lawyer Datuk Seri Rajan Navaratnam.
In the originating suit, Azizi argued that the amendment to Clause 10 of the Bersatu Constitution, which stipulates that one’s membership will be terminated if one supports a political rival, is unconstitutional.
“One of the grounds raised by Bersatu in its application to strike out the suit was premised on Section 18C of the Societies Act 1966. It states that any decision of a political party and matters relating to the affairs of the party shall be final and conclusive, and such decisions by the party cannot be challenged in court and that the court shall not have the jurisdiction to entertain any suit regarding the validity of such decisions.
“However, the court had dismissed the said argument and held that Section 18C of the Societies Act was not applicable based on the facts of the case, as amongst others, this case involved the constitutional rights of the plaintiff and was not merely confined to party matters,” Azizi’s lawyer Rajan told Scoop when contacted.
The court also dismissed the striking-out application filed by Bersatu and the Speaker of the Kelantan State Legislative Assembly.
However, Roz Mawar rejected Azizi’s application to challenge the outcome of the Nenggiri by-election on August 17. This is because the high court is not the appropriate forum to hear such an application, and Azizi should have filed a case through an election petition, the judge said.
The Nenggiri by-election was won by the Barisan Nasional (BN) candidate, Asmawi Fikri, who received 9,091 votes, defeating the Perikatan Nasional (PN) candidate, Rizwadi Ismail, who received 5,739 votes.
On June 24 last year, Azizi filed the suit after his membership in Bersatu was terminated over his open support for Prime Minister Datuk Seri Anwar Ibrahim.
Azizi sought a declaration that the state assembly seat was not vacant and that he still held the seat, among others.
He named Bersatu President Tan Sri Muhyiddin Yassin, Bersatu Secretary-General Datuk Seri Hamzah Zainudin, Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah, and the Election Commission as defendants.
On March 2, 2024, Bersatu passed a motion regarding the stripping of membership for Members of Parliament who support the opposition. The amendment involved the addition of three new items to Clause 10 of the Bersatu Constitution.
Besides Azizi, other Bersatu MPs who declared their support for Anwar are Datuk Zulkafperi Hanapi (Tg Karang), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Zahari Kechik (Jeli), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), and Datuk Suhaili Abdul Rahman (Labuan). – February 19, 2025