Mahathir’s Resignation Is Legally Valid And Final

It is to be noted that Fasal 10.2.3 of Bersatu’s party constitution is disjunctive “menyertai atau menjadi ahli parti lain”. By plain rules of interpretation, it means that his consorting, collaborating, working together with a party hostile to his own party is itself a cause for immediate self-expulsion. It does not require him to join another party. In fact, he has no party now!

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Tun Dr Mahathir Mohamad’s 24th February 2020 resignation letter (SEE BELOW) where he resigned from both his party post and from the government has been going viral over these last few days.

The Pakatan Harapan people, however, argue that the resignation letter is no longer valid because the party rejected it.

Malaysia Today asked one of Malaysia’s leading lawyers, who at this stage would like to remain anonymous, for his view and this is what he said:

1. The resignation was unconditional and takes effect immediately and does not require any acceptance.
2. The Parti Pribumi Bersatu party constitution does not empower the supreme council (MPT) to reject the resignation or to invite Tun Dr Mahathir Mohamad back to become Pengerusi.
3. In fact, Fasal 16.9 of the Bersatu Constitution makes it clear that when the “Pengerusi berhenti, jawatan itu dipangku oleh Presiden sehingga pemilihan akan datang untuk memilih Pengerusi yang baru.”
4. Muhyiddin Yassin did precisely that and it remains so until next AGM.
5. In any event, Dr Mahathir has never retracted his resignation.
6. Just as Dr Mahathir resigned and vacated the post of Prime Minister and cannot return to that post, similarly, he cannot return as Pengerusi of the party except through due process.
7. Governing and the appointment of the Prime Minister as head of government are serious matters.
8. This incident has shown that Dr Mahathir trifled with the law and the process to break his election pact, and then tried to get himself returned as Prime Minister and Pengerusi after YDPA has exercised His Majesty’s royal discretion to determine who has the confidence of the house.
9. No one is above the law. If Dr Mahathir broke his own party constitution, then he must be held accountable to it.
10. To unseat Tan Sri Muhyiddin Yassin, lies are being hurled at him hurled by Dr Mahathir’s operatives. The consequence is confusion and chaos.
11. The YDPA, as the 4th branch of government to the executive, legislative and judiciary, can play His Majesty’s role effectively by not succumbing to such deceit.
12. This time the rules of the game are clear. Dr Mahathir is subject to:

Fasal 16.9: Jika Pengerusi berhenti atau diberhentikan maka Presiden hendaklah memangku jawatan itu sehingga diadakan pemilihan untuk memilih Pengerusi baru mengikut Fasal 13.3 dan ia mempunyai kuasa mengikut Fasal 16.2.

Fasal 10.2:  Keahlian seseorang ahli terhenti secara serta-merta apabila berlaku mana-mana satu yang berikut:

Fasal 10.2.2:  Mengisytiharkan keluar daripada parti;

Fasal 10.2.3:  Menyertai atau menjadi ahli mana-mana parti politik lain di negara ini.Dr Mahathir wrote to the Speaker of the Parliament to expressly state they will not be seated in the government’s block whereas his party, BERSATU, is leading the govt.

13. On 18/5/2020, Mahathir took his seat not in the government’s block, thus completing the act of “crossing the floor”.
14. “Crossing the Floor” is a well-known Westminster tradition of an act of abandoning one’s party. A declaration by conduct.
15. Thus Dr Mahathir has, by the operation of Fasal 10.2.2 & 10.2.3, “isytihar keluar parti” and “menyertai parti lain”.
16. It is a fallacy to say that Dr Mahathir has not become a member of an opposition party for 10.2.3 to apply.
17. It is to be noted that 10.2.3 is disjunctive “menyertai atau menjadi ahli parti lain”. The word is “atau” not “dan”. By plain rules of interpretation, it means that his consorting, collaborating, working together with a party hostile to his own party is itself a cause for immediate self-expulsion. It does not require him to join another party. In fact, he has no party now!

That is what the law/rules say and that is what Dr Mahathir needs to be held accountable to.