Forcing Bersatu turncoat reps to quit is illegal - expert

Bersatu’s insistence for the six elected representatives who have pledged support for Prime Minister Anwar Ibrahim to step down from their positions is a form of intimidation that can be dealt with by the law.

Adjunct Professor Sabirin Ja’afar said the statements by several Bersatu leaders, particularly party information chief Razali Idris, can be seen as an attempt to interfere in an elected representative’s duty as per the Penal Code.

“In my opinion, the Bersatu information chief’s act is against Section 124 of the Penal Code, which pertains to assaulting an MP, with intent to compel or restrain the exercise of any lawful power.

“The Bersatu information chief has also committed an offence, either directly or indirectly, by committing an activity that is against parliamentary democracy,” Sabirin, a former High Court judicial commissioner, told a press conference today.

This was in response to Razali asking the six Bersatu MPs who backed Anwar to vacate their respective seats without waiting for their letters of sacking.

According to Razali, this is because the party membership of the turncoat representatives is no longer valid after the Registrar of Societies (ROS) approved Bersatu’s proposed amendments to the party’s constitution.

Bersatu information chief Razali Idris

Sabirin stressed that he did not intend to wade into political matters but was merely commenting on the issue from a legal point of view.

According to him, the Penal Code has been amended through the Penal Code (Amendment) Act 2012 (Act 1430) which included new sections 124B to section 124N in 2012, which means that those who harass and threaten MPs can be subject to legal action.

‘Reeks of mala fide’

Sabirin said that his remark against Razali was not based on the membership invalidity statement alone but also on the various remarks the latter has lobbed against the six lawmakers since last February, including calling them lackeys and not inviting them to the Perikatan Nasional elected representatives’ convention last month.

“In addition, Razali also remarked that he considers the turncoat representatives ‘dead’. Such harsh words reek of mala fide on the Bersatu leadership’s part.

“I believe that the Bersatu leadership, particularly Razali, have violated Sections 124, 124B and 124C of the Penal Code. Should there be a police report lodged on the matter, the police can start immediate investigations,” he said.

The Bersatu constitutional amendment was prompted by the defections of MPs Zulkafperi Hanapi (Tanjong Karang), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Iskandar Dzulkarnanin Abdul Khalid (Kuala Kangsar), Mohd Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli) and Suhaili Abdul Rahman (Labuan).

In early March, Selat Klang assemblyperson Abdul Rashid Asari voiced support for Selangor Menteri Besar Amirudin Shari, citing the well-being of his constituents.

The amendment to Article 10 of Bersatu’s constitution stipulates that any elected representative who defected from the party would automatically cease to be a member.

As such, the defectors will also trigger the anti-hopping law per Article 49A of the Federal Constitution and their seats will be vacated.