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Sacked Bersatu MP sues party for revoking membership; Parliament Speaker defends decision not to vacate seats

Labuan Member of Parliament (MP) Suhaili Abdul Rahman accused the Malaysian opposition party of violating his constitutional rights to personal liberty and free speech, among others.

Sacked Bersatu MP sues party for revoking membership; Parliament Speaker defends decision not to vacate seats

Dewan Rakyat Speaker Johari Abdul defended his decision not to declare the six MPs' seats vacant. (Photo: Facebook/Johari Abdul)

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SINGAPORE: One of the six Members of Parliament (MP) expelled from Malaysia’s opposition party Parti Pribumi Bersatu Malaysia (Bersatu) for supporting Prime Minister Anwar Ibrahim is suing the party for revoking his membership. 

This comes as the Speaker of the Dewan Rakyat - Malaysia’s House of Representatives - defended his decision for the MPs to keep their seats, claiming he is not a “postman” delivering Bersatu messages. 

In a lawsuit filed with the Kuala Lumpur High Court on Monday (Jul 8) and obtained by local media on Thursday, Labuan MP Suhaili Abdul Rahman accused Bersatu of violating his constitutional rights to personal liberty, free speech, and association, and for obstructing him in his duty to serve his constituents, according to the Malay Mail. 

He also accused Bersatu of acting criminally in the matter, alleging its decision harmed the country’s parliamentary democracy, which was an offence under Section 124B of the Penal Code, covering activity detrimental to parliamentary democracy, according to local media. 

Mr Suhaili is one of seven elected representatives stripped of their membership for backing the Malaysian premier. Six are federal MPs and the other is a Selangor state assemblyman. 

The six federal MPs are: Mr Suhaili, Dr Zulkafperi Hanapi (Tanjong Karang), Mr Zahari Kechik (Jeli), Mr Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Mr Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), and Mr Mohd Azizi Abu Naim (Gua Musang). 

They were sacked from the party last month, after failing to retract their support for Mr Anwar and not responding to a written instruction from the party’s supreme leadership council to pledge allegiance to the party.

Selat Klang assemblyman and former Selangor Bersatu chairman Abdul Rashid Asari also declared support for the leadership of Selangor chief minister Amirudin Shari. Mr Amirudin is a member of Mr Anwar’s Parti Keadilan Rakyat (PKR).

On Thursday, Dewan Rakyat Speaker Johari Abdul defended his decision not to declare the seats of the rogue former six MPs vacant, adding that he was not a messenger delivering Bersatu’s message to the Election Commission. 

His ruling had been relayed to the Bersatu leadership on Wednesday.

Mr Johari said that he had explained his decision in a letter sent to Bersatu Chief Whip Ronald Kiandee. Mr Kiandee - who is also Beluran MP - had raised a standing order during a recent debate to discuss the matter.

“I want to make it clear that I am not a postman,” Mr Johari said, as quoted in local media. “When I receive something (a notice) like the one mentioned by the Beluran MP, I will make sure I study all the aspects involved.

“And I made the decision, and my decision remains … there are no vacancies.”

Mr Johari’s ruling was met with backlash from MPs within and outside Bersatu, including deputy president of Islamist Parti Islam Se-Malaysia (PAS) Ibrahim Tuan Man, who claimed that the decision went against Article 49A of the Federal Constitution's anti-hopping law.

PAS and Bersatu are component parties in the opposition coalition Perikatan Nasional (PN) alongside Parti Gerakan Rakyat Malaysia (Gerakan). 

Mr Ibrahim claims that the law states that an MP who leaves his party should vacate his seat after joining another political party.

"The question now is, what is the point of having an anti-party hopping law if it is not enforced?," said Mr Ibrahim in a Facebook posting on Wednesday.

However, others have defended the decision, including Mr Anwar, who said that Mr Johari’s ruling was in accordance with the law. 

Mr Anwar also noted that during his opposition days, Bersatu had opposed automatic seat forfeiture for expelled members, which resulted in exceptions being included in the constitution.

According to a political expert CNA previously spoke to, while Malaysia’s anti-party hopping law applies to MPs who quit their party, it did not cover those who have been dismissed. 

The expert added that the expelled MPs would be declared as independents.

Source: CNA/ao(as)

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