Speaker opens floodgates for govt MPs to rebel without consequence

Dewan Rakyat speaker Johari Abdul’s decision not to vacate the seats of six former Bersatu MPs could have dire consequences for the government.

This is because the same rule that Bersatu used in their bid to oust the six MPs was similar to measures DAP, Amanah, and Umno have also implemented.

In Johari’s (above) letter to Bersatu, sighted by Malaysiakini, the speaker argued that Bersatu’s rule - in which those who go against the party are considered to have forfeited their membership - went against the Federal Constitution and Parliament rules that guaranteed MPs freedom to speak, debate, and vote.

Bersatu’s rule, similar to DAP, Umno and others, was introduced to plug a loophole in the anti-hopping law where MPs could rebel against their parties but would keep their seats even if they were sacked.

Hence, a membership forfeiture clause was introduced by the parties, as MPs who leave their parties do lose their seats.

Johari’s decision against Bersatu, however, sets a precedent that could also render similar rules implemented by other parties defective.

DAP secretary-general Anthony Loke had argued that Bersatu’s rule was invalid because it was only recently implemented.

However, Johari made no mention of when Bersatu had implemented their rules in rejecting their bid.

Bad precedent

This decision sets a precedent that could render similar rules implemented by other parties also defective.

Hence, just as the six former Bersatu MPs declared support for Prime Minister Anwar Ibrahim and went unpunished, so too can government MPs decide to withdraw support for the premier or to vote against government bills.

In theory, with the untested support of the six former Bersatu MPs, Anwar commands a two-thirds majority in the Dewan Rakyat.

However, since the coalition government was formed, there have been persistent undercurrents that there are MPs in Umno and BN who are not aligned with party and coalition chief Ahmad Zahid Hamidi’s decision to support Anwar as prime minister.

While a fracture within BN alone is not enough to cause Anwar to lose majority support in the Dewan Rakyat, the ensuing chaos may shake the confidence of the prime minister’s other partners in the coalition government such as Gabungan Parti Sarawak and Gabungan Rakyat Sabah - whose support he needs to remain in power.

Another precedent set by Johari is that MPs whose status under the anti-hopping law is being challenged can stall a decision by filing a court case against their party.

This was the decision he made in regard to Labuan MP Suhaili Abdul Rahman.

In his letter, Johari stated that he did not want to disrupt the ongoing court case by making a ruling.

Besides Suhaili, the other five former Bersatu MPs are Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), and Dr Zulkafperi Hanafi (Tanjong Karang).

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