KUALA LUMPUR: “I am not a ‘postman’”, says Dewan Rakyat Speaker Tan Sri Johari Abdul after several Perikatan Nasional MPs took him to task over his decision to maintain the seats of the six former Bersatu MPs.
Johari said that when the matter was brought to him, he had studied all aspects, including statements regarding the anti-hopping law.
“Hence, I made the decision to maintain the seats as I have informed Beluran (Datuk Seri Ronald Kiandee),” he said.
This came about after several senior Perikatan Nasional leaders, namely Kiandee, Datuk Seri Takiyuddin Hassan (PN-Kota Bharu), and Datuk Seri Hamzah Zainudin (PN-Larut), questioned the decision during the debates on the Evidence of Child Witness Act.
Kiandee, the Bersatu chief whip, said Johari had gone beyond his powers in making the decision, as per Article 49 of the Federal Constitution.
“Under Article 49(3), Tan Sri, you are only given the power to ensure the seats are vacated and not to make a decision. On top of that, you have disputed the amendment of the Bersatu Constitution that was officially approved by the Registrar of Societies,” he said.
“How do you reconcile this Tan Sri?” he asked.
Meanwhile, Takiyuddin, the Opposition chief whip, asked if the decision on the six rogue MPs is a “binding precedent” for the future.
Opposition leader Hamzah Zainudin criticised Dewan Rakyat Speaker Tan Sri Johari Abdul's decision on the vacant seats, calling it a "wrong decision" that had destroyed the constitution.
Hamzah praised the Kelantan state assembly speaker's decision to declare the Nenggiri state seat vacant.
"If you want us to fight in court, I would like to tell you this. Let them fight me in court whether they are still party members or not," he said.
"It is not your duty to say, it is my duty," he added.
"Tan Sri, you want to be the best Speaker, you started by creating this problem. I ask you to understand that your decision was wrong. Thank you, and I will leave the House now," he said.
At a press conference later, Hamzah said Johari’s decision was unjust and did not uphold the supremacy of the Constitution.
"He is supposed to be non-partisan but today it is clear that he sides with the party.
"He took an oath and is supposed to be just but he has tarnished the constitution," he said.
Datuk Seri Ronald Kiandee stated that the Speaker had no power under Article 49A to interpret the Federal Constitution or Bersatu’s constitution.
"The Speaker, however, has the power of ensuring a vacancy occurs.
"The Speaker overstepped his powers and we are challenging that.
"The letter he sent to me also clearly shows this for the sake of defending the six MPs," he said.
Takiyuddin Hassan said Johari’s decision was inconsistent and clashed with the Federal Constitution.
He added that Perikatan MPs will wear a white armband as a sign of protest against the decision.
"This is a bad decision that can destroy the system and our country," said Takiyuddin.
