Johari entitled to own judgement over 6 rebel MPs, says lawyer

 

Dewan Rakyat Speaker Johari Abdul has rejected Bersatu’s request for six seats held by former party members to be declared vacant. (Bernama pic)

PETALING JAYA: Dewan Rakyat Speaker Johari Abdul was entitled to exercise his independent judgement when ruling that the six opposition MPs who pledged their support for the unity government would not need to vacate their seats.

Lawyer Firoz Hussein Ahmad Jamaluddin said Johari was not obliged to follow the lead of his counterpart in the Kelantan state legislative assembly by declaring the six MPs’ seats vacant following the loss of their party membership.

He said Parliament exists independently and its speaker is not fettered by the decisions made by any of the state assemblies.

Firoz Hussein Ahmad Jamaluddin.

Firoz was commenting after Bersatu president Muhyiddin Yassin expressed his disappointment in Johari for refusing to follow the precedent set by Kelantan state assembly speaker Amar Abdullah who declared the Nenggiri state seat vacant last month.

Speaking at a press conference on Tuesday, Muhyiddin confirmed that Johari had rejected Bersatu’s call for the six seats to be declared vacant. He said the party will appoint lawyers to challenge Johari’s decision in court.

However, constitutional lawyer Bastian Pius Vendargon said that, as a general rule, the speaker’s decision cannot be challenged in a court of law.

Bastian Pius Vendargon.

“The legislature is an independent arm of the government able to control and manage its proceedings and the court will not interfere,” he said.

Vendargon said if PN wishes to dispute the matter, its first hurdle would be to satisfy the court that an independent judiciary can interfere in the affairs of an independent legislature.

The senior lawyer said the substantive argument can only be heard if that obstacle is cleared.

Last year, the High Court rejected Bersatu’s attempt to vacate four parliamentary seats in Sabah won by its former members in the 2022 general election.

Justice Amarjeet Singh refused the party leave to initiate judicial review proceedings, saying the courts did not have the power to review Johari’s refusal to declare the seats vacant.

Bersatu’s appeal is pending in the Court of Appeal.

Last month, Bersatu announced that the six rebel MPs, Nenggiri state assemblyman Azizi Abu Naim and Selat Klang assemblyman Abdul Rashid Asari ceased to be members after they failed to respond to a notice calling on them to reaffirm their loyalty to the party.

On June 19, Amar announced that the Nenggiri seat had fallen vacant, triggering a by-election that will take place on Aug 17.

The six MPs who have retained their seats are Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Azizi Abu Naim (Gua Musang), Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Suhaili Abdul Rahman (Labuan).

Yesterday, Selangor state assembly speaker Lau Weng San said Abdul Rashid would keep his Selat Klang seat. - FMT