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Wednesday, October 28, 2020

Zuraida tells PKR to follow court rules, cease politicising RM10m suit

 


Housing and Local Government Minister Zuraida Kamaruddin has urged PKR to refrain from politicising the RM10 million lawsuit against her following her defection to Bersatu.

This was after PKR's lead counsel William Leong told the media that the plaintiff failed to meet her to serve the writs of summons after almost a month after the suit was filed with the Kuala Lumpur High Court.

Zuraida (above), who is a former PKR vice-president, said the party and its legal team should deal with the matter in court.

"This is a legal process according to the rules of the court. We advise both of them to follow the court rules in the ongoing process instead of issuing press statements," she told Malaysiakini.

"There are many more matters of importance that require public attention and scrutiny. Legal suits between a party and its former members do not merit public attention and are mere politicking," she added in a text message this morning.

Yesterday, Bernama reported that PKR had yet to serve the lawsuit to Zuraida for allegedly breaching an agreement binding her to the party.

Leong said the plaintiff could not reach her to serve the writs of summons at both her office and home address. She also did not respond to a letter sent by the plaintiff.

"We are writing another letter of appointment. If there is no response, we will apply for a court order to serve by way of substituted service. This is by advertising the suit in the newspapers," he added.

Leong reportedly appeared before High Court deputy registrar Nor Afidah Idris yesterday for case management. The registrar has fixed Nov 16 for further case management.

PKR had sent Zuraida a request via registered post for her to appoint and instruct a firm of solicitors to accept service on her behalf.

William Leong

“We are in the process of making an appointment with her to accept service.

“The next case management date is to update the court regarding the progress of the case and to seek for further directions on the pleadings,” Leong said.

The suit was filed by PKR secretary-general Saifuddin Nasution Ismail on behalf of the party on Oct 2, claiming that Zuraida had signed a bond on April 25, 2018, stipulating that she would pay RM10 million to PKR if she were to leave the party after contesting in an election on their ticket.

The party said that on Feb 24, Zuraida, along with 10 other PKR MPs announced their resignation from the party without vacating their seats and subsequently formed a new bloc known as Perikatan Nasional (PN) with other opposition parties, including BN, PAS, and others.

PKR said that the federal government led by Pakatan Harapan was then toppled by PN and the defendant was subsequently appointed as a minister.

On the same date (Feb 24), PKR claimed that its central leadership council had approved a resolution to strip Zuraida of her party membership with immediate effect and issued a certificate dated July 24 confirming the termination of her membership.

On Aug 7, PKR said that it had, through its lawyers, issued a letter of demand requiring Zuraida to pay the sum of RM10 million in accordance with the terms of the agreement, but the party claimed that the defendant had failed/refused to pay the amount in total or part thereof.

The plaintiff claimed it was entitled to seek RM10 million from the defendant because she resigned as a party member but not as the MP for Ampang.

PKR said she won the seat on the party’s ticket using the PKR logo, emblem, flag, services, and support. The party claimed she had deprived PKR of the benefits and advantages of having an MP in the Dewan Rakyat and being part of the executive government.

The plaintiff said it relied on Section 71 of the Contracts Act 1950 to establish its right to recover the remunerations and benefits amounting to RM2,049,459.20 enjoyed by the defendant having been elected as the party’s candidate in the 14th general election as Ampang MP.

As such, the plaintiff is seeking a total of RM12,049,459.20 under Section 71 of the Contracts Act, which comprises RM10 million under the bond and RM2,049,459.20 for the remunerations and benefits the defendant received as an MP and minister under the Harapan government, with an interest of five percent annually as well as other costs and relief deemed fit by the court. - Mkini

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