Speaker’s decision on ex-Bersatu MPs can’t be challenged, says AG

 

In January, Dewan Rakyat Speaker Johari Abdul ruled that four former Bersatu MPs from Sabah did not have to vacate their seats in the Dewan Rakyat. (Bernama pic)

KUALA LUMPUR: The attorney-general (AG) is opposing Bersatu’s bid to initiate a judicial review against Dewan Rakyat Speaker Johari Abdul over his decision on the status of four seats held by MPs from Sabah.

Bersatu is seeking an order to revoke Johari’s decision regarding the status of the four MPs – Armizan Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Jonathan Yasin (Ranau) and Matbali Musah (Sipitang).

The MPs were elected on a Gabungan Rakyat Sabah (GRS) ticket in the last general election (GE15) when Bersatu was a component of GRS. Later, GRS dropped Bersatu as a coalition member.

Subsequently, Bersatu vice-president Ronald Kiandee said the party had sacked the MPs on Dec 21 after they sat with the government bloc during the Dewan Rakyat sitting on Dec 19.

He claimed that this had triggered Article 49 of the Federal Constitution, which states that MPs will lose their seats if they move to another party.

Bersatu then sought a declaration from Johari that the four MPs had vacated their seats. However, Johari ruled that the four did not have to vacate their seats.

Senior federal counsel Ahmad Hanir Hambaly, representing the AG, told the High Court today that Bersatu’s application cannot be entertained by the court.

“The anti-hopping law as stated in Article 49 of the Federal Constitution is not amenable to a judicial review due to Article 63 of the constitution,” he said in his submission before Justice Amarjeet Singh.

Article 63 states that the validity of any proceedings in either House of Parliament (the Dewan Rakyat and Dewan Negara) or any committee thereof shall not be questioned in any court.

However, counsel Azhar Harun, appearing for Kiandee and Suhaimi Yahya as public officers of the party, said determining if an MP has left his party or is disqualified is not part of a proceeding.

“The Speaker has to apply his mind whether there was a casual vacancy. We submit that his decision was illegal, irrational and unconstitutional,” said Azhar, who is also a former Dewan Rakyat speaker.

Azhar said Johari has no immunity as he used his personal power in coming to a decision.

He said a decision by the Speaker fell within the meaning of a proceeding, like deciding on a casual vacancy if an elected representative was absent from the House for more than six months.

“In fact, the Speaker is a sort of tribunal in determining the casual vacancy and his power is subject to challenge in court,” he said.

Azhar also said the court was the last bastion for aggrieved parties to seek remedy and, in this case, the decision of the Speaker.

He said the leave application should be allowed as the subject matter is not frivolous and the merit of the case should be argued.

Amarjeet will deliver his ruling on Nov 16. - FMT