Nov 8 appeal hearing for four Penang ex-reps

The Court of Appeal has set Nov 8 to hear appeals by Penang’s four former state assemblypersons to challenge the validity of a state assembly motion for them to vacate their seats.

Counsel Surendra Ananth, who is acting for the respondents, namely the Penang legislature and its state speaker Law Choo Kiang, confirmed with Malaysiakini the hearing date for the appeals.

The appeals are by Zulkifli Ibrahim, Afif Bahardin, Khaliq Mehtab Ishaq, and Zolkifly Md Lazim, who were former assemblypersons for Penang state constituencies Sungai Acheh, Seberang Jaya, Bertam, and Telok Bahang respectively.

The Court of Appeal previously set today for case management of the appeals against a decision by the High Court in George Town on Jan 20 to dismiss the four former state reps’ lawsuits earlier this year.

Filed in 2020, the four appellants, through the civil actions, sought to challenge the constitutionality of Article 14A of the Penang state constitution and to prevent their seats from being declared vacant, pursuant to the said provision.

In dismissing the lawsuits, judicial commissioner Azizan Md Arshad ruled that the civil court was bound by the apex court declaration last year that Article 14A of the state constitution is valid.

Article 14(A) states that a Penang state assemblyperson must vacate his seat if he resigns, is stripped of his membership, ceases to be a politician, or is chosen as a candidate by another political party.

In his ruling, Azizan also said the court cannot issue an injunction to prevent the Penang legislative assembly and the state speaker from discussing the motion for the four assemblypersons to vacate their seats during the state assembly sitting.

He explained the court cannot interfere and has no authority over the state legislature’s internal management. - Mkini