Armizan: Bersatu has right to appeal court decision on Sabah MPs

 

Minister in the Prime Minister’s Department (Sabah, Sarawak Affairs, and Special Duties) Armizan Mohd Ali says it’s Bersatu’s prerogative to appeal to the court in its challenge to vacate four Sabah parliamentary seats.

This comes after the Kuala Lumpur High Court this morning denied leave for the opposition party to proceed with its judicial review against four Sabah MPs, including Armizan.

The other three MPs are Khairul Firdaus Akbar Khan (Batu Sapi), Jonathan Yasin (Ranau), and Matbali Musah (Sipitang).

Speaking to reporters in Parliament today, Armizan said Bersatu has the right to submit an appeal.

“It is their right. I don’t need to expand on my views of the case as I don’t think it is that important.

“What is important is the (court) decision (that was made) by a judge, based on two legal bases in Article 63 of the Federal Constitution as well as the judicial precedent by the highest court, the Federal Court, that the courts have no power to review decisions by the Dewan Rakyat speaker,” he said.

During open-court proceedings today, judge Amarjeet Singh ruled that the courts have no power to hear legal challenges involving the decision of the Dewan Rakyat speaker.

“This is based on only one reason, which is that Federal Court cases (previous precedents) stated that the courts do not have jurisdiction to hear matters questioning the speaker (decision on parliamentary seats),” he said.

Elaborating further, Armizan urged all parties to adhere to the court decision.

“Because this decision is made from legal provisions (and) provisions of the Federal Constitution. Any other suggestions are up to any party,” he added.

Amarjeet added that this is in line with Article 63(1) of the Federal Constitution, which deals with the privileges of Parliament.

The provision states that the validity of any House of Parliament’s proceedings or any related committee shall not be questioned in any court.

Allies no more

On April 17, Bersatu filed the legal action against Johari and the four Sabah MPs.

The two applicants were Bersatu vice-president Ronald Kiandee and a public officer of the party, Captain (Rtd) Muhammad Suhaimi Yahya.

Bersatu was seeking an order to revoke a decision made by Johari, via a letter dated Jan 16, which stated that the four lawmakers clarified and confirmed there was no vacant parliamentary seat based on the interpretation of the constitution of Gabungan Rakyat Sabah (GRS) and Bersatu.

Bersatu also sought a declaration that the four MPs ceased to be members of the Dewan Rakyat in line with Article 49A of the Federal Constitution, as well as an order for Johari to confirm the four seats as unoccupied.

The party also sought an order for Johari to inform the Election Commission (EC) about the vacancy within 21 days of the order.

In the 15th general election, the four MPs were elected under the GRS (Gabungan Rakyat Sabah) banner, which included Bersatu as a coalition member.

However, GRS ended its alliance with Bersatu after the national polls. - Mkini