PKR MP: Bersatu faces uphill battle in challenging speaker's decision

Bersatu faces an uphill battle in challenging Dewan Rakyat speaker Johari Abdul’s decision to let the six Bersatu turncoat MPs keep their seats, said PKR MP Hassan Abdul Karim.

In a statement, the Pasir Gudang MP said Bersatu has two possible remedies to the situation, and a third one should all else fail.

“Firstly, Bersatu can take the matter to court to challenge the speaker’s decision. However, this isn’t easy due to Article 63(1) of the Federal Constitution, which stipulates that parliamentary proceedings cannot be questioned in court.

“But it’s worth trying. The courts are the last resort for the rakyat to get justice,” Hassan said today.

The second remedy, Hassan said, was taking to the streets as proposed by Bersatu Youth chief Wan Ahmad Fayhsal Wan Ahmad Kamal.

“Malaysia is a democratic country. Article 10 of the Constitution guarantees freedom of speech and the right to gather.

“So (Bersatu) can gather, as long as it’s in a peaceful manner and with due notice to the police. Please don’t carry weapons and only gather in the places that were suggested. The police will facilitate the process.

“Do not be afraid, use your rights as citizens of a democratic country,” said Hassan.

Should both of the above options fail to overturn the decision, the third option was to let the people do the talking at the ballot box in the 16th general election, he said.

‘A mistake’

Earlier in the statement, Hassan also dubbed Johari’s decision as a “mistake” that cannot be challenged.

“However, my view is not relevant as the issue has become academic. I can write a detailed legal argument like a PhD thesis to explain why the speaker had erred in his decision but it would not carry any positive impact, legally.

“This is because the speaker’s decision was made in the Dewan Rakyat. Even though it is erroneous, it cannot be challenged and tried in court. This is guaranteed under 63(1) of the Federal Constitution, which pertains to parliamentary privilege,” Hassan pointed out.

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