The six MPs: (From left) Syed Abu Hussin, Zahari, Iskandar Dzulkarnain, Suhaili, Zulkafperi and Mohd Azizi.
KUALA LUMPUR: The six expelled Bersatu MPs get to keep their parliamentary seats. The Dewan Rakyat Speaker reached this decision despite the fact that they have ceased to be members of their party.
In the much-awaited ruling, Tan Sri Johari Abdul said Bersatu’s new regulations, which declared that the six had ceased to be members, had violated the Federal Constitution and laws related to Parliament.
Johari’s decision was immediately criticised by Bersatu’s top leaders who claimed the Speaker had misinterpreted the Federal Constitution, specifically provisions in the Anti-Hopping Law meant to deal with MPs who switched sides.
In his ruling, Johari said Clause 10.5 of the Bersatu constitution denies the rights of the six MPs, which are enshrined under the Constitution, the Dewan Rakyat’s Standing Orders and the Houses of Parliament (Privileges and Powers) Act 1952.
“The three laws have enshrined the privileges, freedom of speech, debates, and voting rights for MPs,” Johari said in a letter dated July 9 to Bersatu whip Datuk Seri Dr Ronald Kiandee that was sighted by The Star.
The decision was relayed to the Bersatu leadership yesterday.
The six are Datuk Syed Abu Hussin Syed Abu Fasal (Bukit Gantang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Suhaili Abdul Rahman (Labuan), Datuk Dr Zulkafperi Hanafi (Tanjong Karang) and Mohd Azizi Abu Naim (Gua Musang).
Bersatu had ruled that the six had ceased to be members after failing to respond to official letters requiring them to pledge loyalty to the party by May 31.
This was after Bersatu amended its constitution so that party members will automatically cease to be members if they violated the party’s decisions, and its elected representatives must subsequently vacate their seats.
The six were in hot water after they declared their support for Prime Minister Datuk Seri Anwar Ibrahim.
In his decision yesterday, Johari said the six would also remain seated in the section meant for opposition MPs.
“I found that they still remain in the opposition bloc. Hence, I have decided the seats should not be vacated under Article 49 (A) (1) of the Constitution,” said Johari.
In a separate letter on the status of Suhaili, the Labuan MP, the Speaker said he was informed that the matter had been taken to court.
“The case is in relation to Labuan’s party membership.
“As the case is currently in the court, I do not want to disrupt the interest of those involved in the court case with my ruling under Article 49 (A) (3) of the Constitution,” said Johari.
“Hence, I have decided that the seat will not be vacated under Article 49 (A) (1) of the Constitution,” he said.
At a press conference later, Bersatu president Tan Sri Muhyiddin Yassin expressed disappointment with the decision, claiming Johari had misinterpreted Article 49A of the Federal Constitution, also known as the Anti-Party Hopping Law.
Muhyiddin said they will appoint legal experts to take the “necessary measures” following the Speaker’s decision.
“If we find that the Speaker’s decision did not account for the Anti-Party Hopping Law or Bersatu’s constitutional amendments, we will take the matter to court,” he said.
“We remind all political parties and MPs that Article 49A was amended unanimously,” he said.
Muhyiddin also lambasted Johari for not declaring the Labuan seat is vacant. He added that Opposition MPs will likely file an appeal against the Speaker’s decision on July 11 in Parliament.
