Parti Bersatu Sabah president Maximus Ongkili welcomed the High Court's decision to dismiss an application by Senior Minister Azmin Ali to strike out a suit filed by 10 Gombak voters against him for alleged deceit and breach of fiduciary duty as the MP of the parliamentary constituency.
Ongkili, who is a minister in the same cabinet as Azmin, did not mince his word when lauding the court decision in favour of voters against "political frogs".
"We all pray that the outcome of the trial will favour the Gombak voters.
"PBS has been speaking up since the party's formation 36 years ago against the unprincipled act of betrayal by elected representatives by party-hopping without reference back to the voters," said Ongkili, who has represented Kota Marudu as a PBS MP since 1995.
He described the decision by the High Court as path-breaking and restoration of the dignity of the parliamentary process.
"Not only the elected leaders, but any public servants must also be responsible for our action, especially outcomes and the impacts derived from the trust given by our voters.
"As the court decided on the case that elected representatives owe fiduciary duties to their voters. These fiduciary duties are based on trust. And this trust is supposed to be earned, not borrowed, neither bought nor traded," he added.
This past week saw the online hearing of Azmin’s application to strike out the suit and also the constituents’ bid to strike out parts of Gombak MP’s statement of defence against the suit linked to the alleged betrayal of 14th general elections electoral promises.
Azmin attempted to strike out the suit as he claimed it violated his fundamental right to an association under the Federal Constitution.
The 10 voters are seeking to strike out parts of Azmin’s statement of defence, which among others cited sexual allegations against PKR president Anwar Ibrahim as a reason for defecting from the political party.
Azmin, who was former PKR deputy president, is now a Bersatu supreme council member and his defection helped trigger the collapse of the Pakatan Harapan federal government.
The trial will now begin on June 7 to 10, 2022 with case management on April 22, 2022.
Ongkili said the general public is desirous to the High Court decision, as it will set new standards in the conduct of elected representatives and the quality of their services.
"Quality will always manifest through the practice of sound political principles and legacy.
"In June 1995, I did my maiden speech in Parliament, and devoted substantial time to the fall of the elected PBS government in 1994, just after five weeks in power, due to political frogs.
"It was indeed a disastrous political event for Sabah - an elected government could suddenly collapse due to politics void of political principles by elected and appointed assembly members," he said.
"PBS view that, till today, it is Parliament that can make it unlawful for an elected MP or state assembly member to jump party without first going back to the voters for a by-election.
The Kota Marudu MP said in 1995, the PBS government collapsed from having a majority of eight assemblypersons, including six nominated, but within 10 days after the fall, PBS was reduced to five assembly members.
Among the prominent defectors were Yong Teck Lee, Bernard Dompok and Joseph Kurup. Ongkili's uncle Jeffrey Kitingan is notorious for having represented a record number of parties including PBS, Akar, PBRS, PKR and Star.
It should be noted that PBS itself has changed coalition alliances on a number of occasions over the years since starting off with BN in the 1980s. - Mkini
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