Must ‘Bersatu 4’ quit seats? Yes says ex-minister, no says lawyer

 

Former law minister Wan Junaidi Tuanku Jaafar (left) and lawyer Fuad Tengku Ahmad have offered contrasting views about the position of four Sabah MPs.

PETALING JAYA: Four MPs among Sabah Bersatu leaders said to have left the party must vacate their seats in the Dewan Rakyat if their resignations are accepted, says a former law minister – but a constitutional lawyer says otherwise.

Wan Junaidi Tuanku Jaafar, who was law minister before the general election, said by-elections would be necessary under the anti-hopping law, which was drafted by a parliamentary committee which he headed.

His view was in contrast to that of constitutional lawyer Fuad Tengku Ahmad who said the four MPs had contested last month’s general election as candidates of Gabungan Rakyat Sabah (GRS) and not as candidates of Perikatan Nasional or Bersatu.

“Therefore, there is no breach of the constitution since the four MPs were elected under GRS,” he said.

The four newly-elected MPs are Armizan Ali (Papar), Khairul Firdaus Akhbar Khan (Batu Sapi), Jonathan Yasin (Ranau) and Matbali Musah (Sipitang).

However, Wan Junaidi said it was inconsequential whether the four MPs contested on a GRS ticket or represented any other coalition. It was only relevant whether they had left their party.

He also dismissed a suggestion that Sabah Bersatu was a separate entity from Bersatu. He said he did not think the Registrar of Societies would have allowed such an application.

“I designed the law to prohibit such things from happening and to create political stability in the country,” he said.

Leaders of Sabah Bersatu had said yesterday that they were leaving the party and would form a new party.

Wan Junaidi said the resignations of the four MPs would have to be formally accepted by Bersatu secretary-general Hamzah Zainudin before their departure becomes official.

“If so, they will have to vacate their seats and unfortunately, there would have to be by-elections,” he said.

FMT has asked an aide to Hamzah for comment on whether the four MPs have tendered their resignations from the party.

Under the anti-hopping law, made by an amendment to the Federal Constitution, MPs lose their seats if they move to another party. Exceptions are given to MPs sacked by their party or if their party is dissolved or deregistered.

Wan Junaidi said the procedure was for an MP to notify the Speaker of the Dewan Rakyat that a casual vacancy has occurred. The Speaker, having established that there is such a vacancy, will notify the Election Commission, and the vacancy must be filled within 60 days.

“Once the Speaker has established the fact that the MPs’ resignations have been accepted by the party, they will have lost their seats,” said Wan Junaidi. “I’m not sure whether the court will interpret it any other way as it’s clearly worded in the law,” he said.

GRS was formally registered as a coalition in March. Its members were Bersatu, Parti Bersatu Sabah, Parti Solidariti Tanah Airku (STAR), Sabah Progressive Party (SAPP) and United Sabah National Organisation.

The coalition forms the Sabah state government in alliance with Barisan Nasional.

Fuad, a Sabah-based lawyer, said Hajiji’s position as chief minister and the status of the Sabah coalition government were not affected by the decision of Sabah Bersatu leaders to leave the party.

He said the GRS-BN coalition has 46 assembly members and the support of seven others from Pakatan Harapan and three from Parti Kesejahteraan Demokratik Masyarakat. Hajiji clearly had a majority in the 79 member state assembly, he said. - FMT