Bersatu will take legal action following the Dewan Rakyat Speaker Johari Abdul's decision which allowed four former Bersatu MPs in Sabah to keep their seats.
In a statement today, Bersatu president Muhyiddin Yassin said Johari had erred in his interpretation of the law and the facts surrounding the quartet.
He revealed that Johari had concluded that the quartet joined Gabungan Rakyat Sabah (GRS) as party members on Oct 27 last year and thus triggering Clause 10.2.3 of the Bersatu constitution.
That clause states that a person's membership in Bersatu is terminated immediately upon an announcement of departure from the party or the act of joining "other political party".
Muhyiddin argued that Clause 10.2.3 does not apply in the case of the quartet because Bersatu was a founding member of GRS.
"Therefore, GRS cannot be defined as a 'other political party' based on the spirit of Clause 10.2.3 of the Bersatu constitution," he said.
Moreover, argued Muhyiddin (above), Johari had made a mistake because on Nov 3 last year - two days before nominations - Sabah Bersatu secretary Mohamed Razali Mohamed Razi wrote to the party headquarters with a list of GRS candidates attached.
In the list, the quartet was regarded as Bersatu members, said Muhyiddin, adding that the correspondence had been submitted to Johari as evidence.
This was because the four had triggered Article 49(A) of the Federal Constitution when they announced their departure from Bersatu on Dec 10 last year.
As part of his investigation, Johari sought answers from the four.
Yesterday, Johari wrote to all parties involved to inform them that Ronald's complaint was invalid and that the four could keep their seats.
Article 63(1) of the Federal Constitution also states that "the validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court". - Mkini
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