Court can't hear challenge on Labuan MP's membership cessation: Bersatu

Bersatu contended that the courts have no jurisdiction to hear Labuan MP Suhaili Abdul Rahman’s challenge over his membership cessation.

The opposition party raised this in its application to strike out the elected representative’s lawsuit.

Suhaili (above, centre) is one of six former Bersatu lawmakers whose status as MPs was in question but was allowed to keep their parliamentary seats by Dewan Rakyat speaker Johari Abdul.

Bersatu’s counsel Chetan Jethwani confirmed to Malaysiakini that the party filed the bid at the Shah Alam High Court yesterday.

According to court documents sighted by Malaysiakini, Bersatu is relying on Section 18C of the Societies Act 1966.

The provision states that a political party’s decision in accordance with its rules and regulations is final and cannot be questioned in court.

Bersatu pointed out that Suhaili had no legal standing to sue as he had ceased to be a party member.

“In view of the above, the plaintiff’s claim is scandalous and/or frivolous and/or vexatious.

“The plaintiff’s claim is an abuse of the process of the court to achieve an ulterior motive,” Bersatu said.

On July 5, Suhaili turned to the civil court to reverse his membership cessation from Bersatu.

The plaintiff claimed this happened when he merely supported Prime Minister Anwar Ibrahim.

He added that he was denied the right to be heard and deprived of his right to procedural fairness.

“The plaintiff avers that Bersatu has turned a blind eye to his dedication to Bersatu by pouring his efforts into the last general election to ensure Bersatu’s victory in Labuan.

“Without the plaintiff’s contributions and efforts, Bersatu would not have secured the Labuan seat and would have been short of one seat in Parliament.

“By expelling the plaintiff, Bersatu has denied him his right as an MP to express his views independently without fear. At all material times, the plaintiff avers that declaring his support for the prime minister was not an act of leaving Bersatu,” read Suhaili’s statement of claim.

Multiple reliefs

It also stated that Suhaili declared support for Anwar with the noble intention of securing funding from the federal government for the people of Labuan.

“Ultimately, the plaintiff states that following the unlawful expulsion of his membership in Bersatu, he has suffered loss, damage, and humiliation,” the statement read.

Through the lawsuit, he seeks multiple reliefs, including declarations that his membership cessation was unlawful, illegal, and void.

The lawmaker also seeks unspecified general, exemplary and punitive damages, as well as a full refund of his life membership fees paid to Bersatu.

The civil action’s defendant is listed as Muhammad Suhaimi Yahya in the capacity of public officer of Bersatu.

Law firm Firoz Julian is acting for Suhaili.

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