'Bersatu resorting to constructive dismissal, I'm still Bukit Gantang MP'

Syed Abu Hussin Hafiz Syed Abdul Fasal today insisted he remains Bukit Gantang MP and that Bersatu’s action to drop his name as a party member was a form of “constructive dismissal”.

This comes after he was informed through a formal notice issued by Bersatu secretary-general Hamzah Zainudin yesterday that his name had been removed from the party’s membership roll.

“Bersatu’s ‘trick’ when making amendments to the party’s constitution, open threats made by the senior leadership, as well as a series of efforts by the supreme council that seek to drop my membership, (all that amounts to) constructive dismissal.

“When Bersatu sent an official notice that they had removed my name from the party membership list, it meant that the party had taken action to fire me.

“Article 49A(2)(c) has clearly stated that my position as a Dewan Rakyat member does not cease when the party terminates my party membership,” he said in a statement today.

The term “constructive dismissal” is usually used to refer to a situation where an employer deliberately harasses or mistreats an employee to the point of forcing the employee to quit.

Commenting further, Syed Abu Hussin said the amendment to the party’s constitution which was deliberately made to dismiss his membership had malicious intent and was not in line with the Federal Constitution.

“The validity of the amendment to the Bersatu constitution in relation to the position of Dewan Rakyat MPs is subject to the Federal Constitution as the highest law of the land, not the other way around.

“Thus, the amendment to the Bersatu constitution does not have any effect on my position as a member of the Dewan Rakyat,” he argued.

Immediate termination

Bersatu had handed over notices of immediate termination of membership to six elected representatives who declared their support for Prime Minister Anwar Ibrahim.

Hamzah said the notice was handed to them for non-compliance to Clause 10.4 of the Bersatu constitution.

He said the notice was in line with the instruction of Bersatu’s supreme council which met on June 7 and it was communicated to the Perikatan Nasional supreme council which met on Tuesday.

On May 17, Hamzah said Bersatu had sent a letter to all of the party’s MPs and state assemblypersons, which must be signed and returned as their pledge of allegiance.

Failure to do so within 14 days will see an immediate termination of their status as a party member, which in turn Bersatu argued would see them forced to vacate their seats.

Besides Syed Abu Hussin, other Bersatu elected representatives who expressed support for Anwar are Suhaili Abdul Rahman (Labuan), Mohd Azizi Abu Naim (Gua Musang), Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli) and Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar).

Selat Klang assemblyperson Abdul Rashid Asari has also declared support for Selangor Menteri Besar Amirudin Shari.

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