Bersatu MP claims party membership termination is ‘constructive dismissal’

June 14, 2024

Bersatu MP claims party membership termination is ‘constructive dismis

PETALING JAYA: Bukit Gantang MP Syed Abu Hussin Hafiz Syed Abdul Fasal has insisted that he remains an MP, saying Bersatu’s termination of his membership amounted to “constructive dismissal”.

In a statement, Syed Hussin said he received a notice from the party yesterday informing him that his name had been removed from the party’s membership list.

“Bersatu’s tactics of amending the party constitution to expel me, the party leadership making open threats (against me), and a series of decisions by the Supreme Council aimed at terminating my membership constitute constructive dismissal,” he said.

Citing Article 49A(2)(c) of the Federal Constitution, Syed Hussin said his status as an MP remained intact “when Bersatu sacked me by removing my name from the membership list”.

Article 49(2)(c) states that an MP shall not cease to hold the position solely by virtue of expulsion of his membership of his political party.

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However, Article 49(A) states that an MP’s seat shall become vacant if the MP, having been elected to the Dewan Rakyat as a member of a political party, resigns as or ceases to be a member of that political party.

Bersatu contends that the memberships of elected representatives like Syed Hussin were terminated of their own accord by going against party directives, and that they must resign from their elected post as they have ceased to be a party member.

Stressing that he has “clearly and consistently” stated that he is a member of Bersatu, Syed Hussin said the party’s actions against him were made “in bad faith and in contravention of the constitution”.

Yesterday, FMT reported that Bersatu had terminated the membership of six of its MPs, including Syed Hussin, who declared their support for Prime Minister Anwar Ibrahim’s government.

The other MPs are Azizi Abu Naim (Gua Musang), Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Suhaili Abdul Rahman (Labuan).

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Party secretary-general Hamzah Zainudin said the party delivered notices of immediate termination to the six MPs for not complying with clause 10.4 of the Bersatu constitution.

According to the recently amended party constitution, any Bersatu member who is a Dewan Rakyat member or state legislative assembly member who does not comply with orders from the party’s Supreme Council will have his or her membership terminated immediately.

Hamzah said the process was in line with the party’s constitution and country’s laws under Article 49A(1) of the Federal Constitution and/or under the related state government laws.