Bersatu turns to court to vacate 5 ex-members' seats

Bersatu has turned to the civil court to vacate the parliamentary seats held by five former members.

Filed at the Kuala Lumpur High Court on Nov 15, the originating summons targets Dewan Rakyat speaker Johari Abdul’s decision to allow the five former Bersatu members to retain their seats.

The five MPs previously declared support for Prime Minister Anwar Ibrahim, in defiance of the party’s stance as the opposition.

They 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 Zulkafperi Hanapi (Tanjong Karang).

The status of former Bersatu member Suhaili Abdul Rahman’s parliamentary seat Labuan is the subject matter of a separate pending civil action before the Shah Alam High Court.

Seeking declarations

Via the originating summons, Bersatu is challenging Johari’s decision to allow the five to retain their seats, which was conveyed in a letter written to the party on July 9.

The opposition party is seeking several declarations, among them that the judiciary has the jurisdiction to correct any misinterpretation of law by any branch of government, which includes the legislature.

In the past, the courts have struck out challenges against a Dewan Rakyat speaker’s decision, on the grounds that the judiciary has no power to hear disputes involving the proceedings in the legislative branch of government.

The other two branches of government include the executive and the judiciary.

Via the lawsuit, Bersatu contended that Johari had abused his power by condoning the actions of Syed Hussin, Zahari, Azizi, Iskandar, and Zulkafperi.

The action in question was the five lawmakers shifting their support to Anwar and disobeying Bersatu’s policies, rulings, and directives while refusing to resign from the party and vacate the parliamentary seats.

“The actions of the first defendant (Johari) constituted a betrayal and violation of the Federal Constitution.

“The first defendant’s actions have led to the abandonment of his duties as the Dewan Rakyat speaker and the breach of his oath of office and allegiance to preserve, protect and defend the Federal Constitution when he failed to uphold the true purpose and intent of the express provisions of Article 49A of the Federal Constitution, which aims to prevent treachery by Dewan Rakyat members in betraying the people’s mandate given to them during the election,” Bersatu contended in the cause papers.

The party also claimed that Johari’s action was partisan in nature and done for political interests.

Anti-hopping law

Article 49A refers to the anti-hopping law passed by the Dewan Rakyat in July 2022, which was aimed at discouraging MPs from switching parties.

The second to sixth defendants are Iskandar, Azizi, Zahari, Syed Abu Hussin and Zulkafperi respectively.

The first and second plaintiffs are Bersatu’s working secretary Muhammad Suhaimi Yahya and the party’s parliamentary whip Ronald Kiandee.

Law firm Chetan Jethwani & Company appeared for Bersatu.

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