THE Dewan Rakyat speaker's decision to allow six former Bersatu MPs to keep their seats after they were fired by their party could encourage more more violations of the anti-party hopping law, a rights group warned today.
Tindak Malaysia director Danesh Prakash Chacko said Speaker Tan Sri Johari Abdul should instead have followed the decision of the Kelantan assembly speaker, who had vacated the Nenggiri seat held by one of the six former Bersatu members.
“Tindak Malaysia is deeply concerned by the decision to jeopardise the spirit of the anti-party hopping law," he said in a statement.
“Having advocated for this law for a dozen years, Tindak Malaysia expresses deep concerns about the long-term consequences of the decision.
“Tindak Malaysia and other NGOs worked together with government institutions in 2022 to enact an anti-party hopping law and Tindak Malaysia expects this law to be respected.
Yesterday, Johari informed Bersatu chief whip Ronald Kiandee that the party's order to five of its MPs, excluding Labuan, to vacate their seats contravened the a Dewan Rakyat Standing Order, the Houses of Parliament (Privileges and Powers) Act 1952 and the Federal Constitution.
Datuk Suhaili Abdul Rahman has not vacated the Labuan seat because of an ongoing lawsuit fighting the order.
The speaker's decision allowed Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Zulkafperi Hanapi (Tanjong Karang) and Datuk Suhaili Abdul Rahman (Labuan) to keep their seats.
It is Bersatu's stand that the party membership of the MPs was automatically revoked when they professed support for Prime Minister Anwar Ibrahim.
Bersatu president Tan Sri Muhyiddin Yassin slammed the decision, saying that Johari had acted in conflict with the provisions of the law and outside his jurisdiction.
He said Bersatu would filecontest the speaker’s ruling in court if necessary.
On June 19, Kelantan assembly speaker Mohd Amar Nik Abdullah announced that the Nenggiri seat was vacant under Clause (3) of Article 31A of the Kelantan constitution concerning the incumbent Azizi’s membership status.
Azizi filed an injunction at the Kuala Lumpur High Court to halt the Nenggiri by-election but his bid was denied.
August 17 has been fixed the Nenggiri by-election.
Danesh said Johari should communicate such important decisions to the public and not just to the party or elected representatives affected by the political shift.
He said the anti-party hopping law was enacted to provide stability for the government and protect the opposition’s role in parliament.
“We call upon all parties and speakers of Dewan Rakyat and state assemblies to respect the spirit of the anti-party hopping law for the sake of the viability of our fragile democracy,” he said. – July 11, 2024.
