Legal contradiction allowed ex-Bersatu 6 to keep seats: Lawyer

A contradiction in the anti-hopping law allowed six former Bersatu MPs to keep their seats in the Dewan Rakyat, a lawyer told KiniTV during an interview.

Mohamed Haniff Khatri Abdulla pointed out that a sub-clause of Article 49A stated that an MP would cease to be a lawmaker if he or she resigns or ceases to be a member of a political party under whose ticket they contested and won.

However, the provision’s sub-clause also said an MP shall not cease to be a lawmaker merely over expulsion from his or her political party, Haniff said.

He said this created a situation where MPs would lose their seat if they left their party voluntarily but would keep it if they were expelled.

The lawyer then questioned how MPs could have overlooked the contradiction when passing the constitutional amendment in the Dewan Rakyat.

“Why did the 222 MPs not see this? Were they blind when they tabled the bill?

“Did they not see the contradiction? Why did they not correct it then?” Haniff said.

He said if MPs were more alert, they would have instead drafted legislation that covered circumstances similar to that of the six former Bersatu lawmakers who declared support for Prime Minister Anwar Ibrahim.

Bersatu previously notified Dewan Rakyat speaker Johari Abdul in writing that six of its MPs who expressed support for Anwar had ceased to be party members.

This is in accordance with a new rule in the party’s constitution that was intended to forfeit the membership of rogue MPs who go against party directives, thus triggering the anti-hopping law.

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

However, Johari controversially ruled that the six could keep their seats, drawing brickbats from politicians and civil societies alike.

Bersatu president Muhyiddin Yassin, meanwhile, said the party would engage legal experts to explore the next course of action.

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- Mkini