Lawyer, Mohamed Haniff Khatri Abdulla speaks at the 'Malaysia Strategic Financial Outlook Forum 2019' at Sunway Resort & Spa Hotel in Petaling Jaya. AZHAR MAHFOF/The Star
PETALING JAYA: The courts will likely be the judge on whether the seven Parti Pribumi Bersatu Malaysia elected representatives were ousted by their party, say legal experts.
Senior lawyer Mohamed Haniff Khatri Abdulla said Bersatu is merely playing politics at the moment to confuse the public.
“If Bersatu is confident that they are right, they should immediately write to the Dewan Rakyat Speaker (Tan Sri Johari Abdul) for a decision on the vacancy of the seats.
“Instead, the party keeps repeating that they will take action against the seven.
“They have been saying this since getting approval from the Registrar of Societies on April 2 on amendments to the party’s constitution.
“They are still saying the same thing, even after issuing them notices on May 17,” he said when contacted.
Mohamed Haniff said Bersatu is aware that it would face a conundrum because Johari is from PKR, which fully backs Prime Minister Datuk Seri Anwar Ibrahim.
As such, he said the matter is likely to be brought to the courts.
“It’s a long process. Even if the Federal Court decides that the seats are to be vacated, there may be no necessity for by-elections.
“This is because the Speaker can decide against holding by-elections if there are two years left before the dissolution of Parliament.
“In addition, the vacancies will not affect the majority in the House. It is the system that defeats Bersatu,” he added.
Mohamed Haniff said the seven reps had taken the correct approach in seeking written clarification from the party over their ouster.
He said this was done in order to build their own case against Bersatu if the matter ends up in court.
On Sunday, Bersatu declared the seven “rebels” (six MPs and a Selangor assemblyman) no longer party members as they had failed to reply to the loyalty notices before the May 31 deadline.
Speaking on behalf of the seven, Gua Musang MP Mohd Azizi Abu Naim said they did not respond to the notices and would only do so after getting an answer from Bersatu on their removal.
Other than Mohd Azizi, the others are Syed Abu Hussin Syed Abdul Fasal (Bukit Gantang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Suhaili Abdul Rahman (Labuan), Datuk Dr Zulkafperi Hanafi (Tanjong Karang) and Selat Klang assemblyman Datuk Abdul Rashid Asari.
Johari, who is currently abroad in Japan, said Bersatu has yet to write in officially to Dewan Rakyat, seeking a declaration on the affected seats.
Meanwhile, political scientist Prof Wong Chin Huat said the elected representatives ceased to be party members and must vacate their seats after failing to adhere to the directive by the supreme council.
“Bersatu has ordered the seven to withdraw their support for the Prime Minister and Selangor Mentri Besar but the party’s directives were disobeyed,” he said when contacted.
Wong, however, said only five by-elections would be held, as these seats were contested under Perikatan Nasional while two others were contested under the PAS ticket.
The five are Syed Abu Hussin, Iskandar Dzulkarnain, Suhaili, Zulkafperi and Abdul Rashid.
“They were elected as members of Perikatan as per Article 49A(1).
“As their Perikatan membership was derived from Bersatu membership, they now cease to be Perikatan members.
“The Speakers should write to the Election Commission about the vacancies within 21 days after receiving the notification from Bersatu,” he said.
As for Mohd Azizi and Zahari, Wong said ironically that since they cease to be members of Bersatu, they are now free to join any political party.
Wong also said Bersatu may end up having to take the matter to court to get a final decision in their favour.
