Bersatu sues five ‘rogue’ MPs to make them lose seats, also sues Dewan Rakyat Speaker

KUALA LUMPUR, Nov 18 — Federal opposition party Parti Pribumi Bersatu Malaysia has filed a lawsuit against five MPs who had gone rogue and are now former party members, in order to make them lose the parliamentary seats they had won under the party’s banner.

In the lawsuit, Bersatu sued Dewan Rakyat Speaker Tan Sri Johari Abdul and the five MPs: Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Mohd Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang) and Datuk Dr Zulkafperi Hanapi (Tanjong Karang).

All these five MPs had previously given their support to ruling party PKR’s president Datuk Seri Anwar Ibrahim in his current role as prime minister.

In the lawsuit filed on November 15 at the High Court in Kuala Lumpur, Bersatu is seeking 11 court declarations, including a declaration that the five MPs’ seats have become vacant under the Federal Constitution’s Article 49A(1)(a)(ii).

Under Article 49A(1)(a)(ii), an MP will cease to be an MP and his parliamentary seat becomes vacant when the Dewan Rakyat Speaker establishes a casual vacancy for the seat. This applies to the situation where an MP is elected as a member of a political party, but ceases to be that party’s member.

The other court declarations that Bersatu is asking for are mainly focused on the Dewan Rakyat Speaker’s decision that the five MPs’ seats had not become vacant.

Here are some of the other declarations that Bersatu is seeking in court:

• that it is the court that has the jurisdiction to interpret the Federal Constitution, any federal law, state law and that it also has the jurisdiction to correct any misinterpretation including by the Speaker
• that the Speaker had contravened the Federal Constitution’s Article 49A(3) when he “wrongfully decided” via a July 9, 2024 letter that there is no casual vacancy for the five MPs’ seats
• that the Speaker must comply with Article 49A(3) by establishing casual vacancy for the five MPs’ seats and must notify the Election Commission (EC) of the vacant seats within 21 days of this High Court’s order
• that the Speaker failed to carry out his duties according to Article 49A(3)
• that the Speaker’s role and responsibility (under Article 49A(1)(a)(ii)) is to establish that the five MPs’ have ceased to be Bersatu members and that their five seats have casual vacancies

The other court declarations that Bersatu wants are:

• that the Speaker cannot dispute the Bersatu’s supreme council’s notice (to a member that their Bersatu membership has ceased, in line with Bersatu’s party constitution’s Clause 10.6)
• that the Speaker’s decision — in interpreting the Bersatu constitution differently to what the Bersatu supreme council decided — goes against Article 49A(3)
• that the five MPs’ privileges, freedom of speech and voting rights are subject to restrictions by the Federal Constitution’s Article 49A and the Constitution’s Eighth Schedule’s Section 7A
• that the Speaker’s decision exceeded his jurisdiction of being responsible to establish there has been a casual vacancy of Dewan Rakyat seats based on the Federal Constitution
• that matters about Bersatu membership and Bersatu’s interpretation of the Bersatu constitution are final and conclusive, based on the Societies Act 1966’s Section 18C.

The lawsuit was filed on behalf of Bersatu by its public officer Datuk Captain (Rtd) Muhammad Suhaimi Yahya and Bersatu Dewan Rakyat chief whip and Beluran MP Datuk Seri Ronald Kiandee.

The lawsuit is scheduled for case management on November 29.

Separately, Bersatu is locked in an ongoing court dispute in the High Court in Shah Alam with another MP who had also gone rogue and is also now a former Bersatu member.

In that separate lawsuit filed at the High Court in Shah Alam in July this year, Labuan MP Datuk Suhaili Abdul Rahman had sued Bersatu over its November 2023 six-year suspension of his party membership and May 2024 expulsion of him from the party over his declaration of support towards Prime Minister Datuk Seri Anwar Ibrahim.

Bersatu has applied to the High Court to strike out the Labuan MP’s case, and the court case is next scheduled for case management on November 22 and for hearing on December 10.

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