Two PKR politicians filed a legal bid to support a lawsuit by Bersih and other non-governmental organisations (NGO) against Prime Minister Muhyiddin Yassin.
Senator Mohd Yusmadi Mohd Yusoff and Hang Tuah Jaya MP Shamsul Iskandar Mohd Akin filed the intervener application at the Kuala Lumpur High Court on Friday last week.
On Feb 2, Bersih and six other NGOs announced they have filed an originating summons over an emergency ordinance that permitted the suspension of Parliament during the current emergency.
The provision being challenged is Section 14 of the emergency ordinance.
According to a copy of an affidavit in support of the intervener application, Yusmadi (above) contended that he and Shamsul were unable to fulfil their duty to highlight public interest issues in Parliament.
Yusmadi claimed that the suspension of Parliament has affected the duo’s ability to fulfil their constitutional duty to Malaysians to question and debate in Parliament the actions of the executive.
The duo contended they also have the duty to the people of Malaysia to debate and vote on the proclamation of emergency and the emergency ordinance.
They also asserted that this is because Parliament is an institution that permits check and balance on the executive arm of government.
Malaysia’s government has three branches, namely the executive (cabinet), the legislature (Dewan Rakyat and Dewan Negara), and the judiciary (courts).
“As a Member of Parliament, YB Shamsul and I have a fiduciary responsibility to the citizens of Malaysia. The section (of the emergency ordinance) prevent us from carrying out our duty.
“Therefore, the issues raised in the originating summons have direct effect on YB Shamsul and me, especially in our capacity as Members of Parliament.
“It is proper and fair that YB Shamsul and I be named as interveners in this proceedings,” Yusmadi said.
Yusmadi and Shamsul are represented by a legal team led by Malik Imtiaz Sarwar.
Besides Bersih and the NGOs, others who have gone to court over the current emergency are PKR president Anwar Ibrahim, three opposition reps, and former Umno leader Khairuddin Abu Hassan.
However, the opposition trio - Simpang Jeram assemblyperson and Pulai MP Salahuddin Ayub, Gurun assemblyperson and Sungai Petani MP Johari Abdul, and Tebing Tinggi assemblyperson Abdul Aziz Bari - did not succeed in their legal bid.
The trio’s legal challenge targeted the validity of Muhyiddin’s advice for the Yang di-Pertuan Agong to issue the proclamation of emergency to combat the Covid-19 pandemic in Malaysia. - Mkini
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