Johari should have vacated ex-Bersatu MPs’ seats, says former speaker
Johari should have vacated ex-Bersatu MPs’ seats, says former speaker
PETALING JAYA: Dewan Rakyat Speaker Johari Abdul should have vacated the seats of six former Bersatu MPs, says his predecessor.
Former Dewan Rakyat speaker Azhar Azizan Harun said the law was explicit and left no room for interpretation.
“In the principle of legal interpretation, if the law is clear, there is no need to interpret further.
“We first look at its provisions. If they are explicit, within the four corners of that instrument, we can apply them,” he said on an episode of the Keluar Sekejap podcast hosted by former Umno leaders Khairy Jamaluddin and Shahril Hamdan.
Azhar said party hopping occurred when an MP resigned from or ceased to be a member of his or her party – a situation applicable to the six MPs in question.
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He referred to Section 49A of the Federal Constitution, which stipulates that a parliamentary seat becomes vacant if an MP ceases to be a member of the party they represented at election or if they joined another party.
This clause was necessary to deter MPs from switching allegiances, ensuring they remain loyal to their party and voters.
Previously, Johari had decided not to vacate the seats of six former Bersatu MPs who recently ceased to be members of the party.
Bersatu president Muhyiddin Yassin subsequently said the speaker’s decision was disappointing, adding that it went against the written and implied provisions of Article 49A(3) of the Federal Constitution.
The former prime minister added that Bersatu would appoint lawyers to challenge Johari’s decision in court.
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Muhyiddin also cited Article 49A(1)(a)(ii) of the constitution, which states that MPs’ seats must be vacated if they are no longer members of the political party after having been elected to the Dewan Rakyat as members of the said party.
“It is clear that the six MPs are no longer members of Bersatu, following the provisions of Bersatu’s constitution,” Muhyiddin had said.
The six MPs are Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Azizi Abu Naim (Gua Musang), Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Suhaili Abdul Rahman (Labuan).
Bersatu said last month that the six had ceased to be members after failing to respond to a notice to confirm their loyalty.
This led to Kelantan state assembly speaker Amar Abdullah declaring the Nenggiri state seat held by Azizi vacant and the Election Commission fixing Aug 17 for the Nenggiri by-election.
Azhar further said the role of the speaker was fundamentally administrative.
He added that Johari’s responsibilities included receiving, verifying and confirming notices of vacancy.
Johari should have vacated ex-Bersatu MPs’ seats, says former speaker
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