Johari right in ruling against vacating 6 Bersatu parliamentary seats, says lawyer

DEWAN Rakyat Speaker Tan Sri Johari Abdul was bound by the Federal Constitution when he ruled that there was no need to vacate the six Bersatu parliamentary seats despite the party having sacked those elected representatives on the grounds of working against its interests, said a senior lawyer. 

After studying the case’s merits, S. Raveentharan said Bersatu was making a big deal over a constitutionally binding outcome as the six MPs neither defected from nor quit Bersatu. 

They had merely stated support for Prime Minister Datuk Seri Anwar Ibrahim as the head of the unity government.

In principle, all MPs would need to respect the prime minister’s chair and, in this case, the six were merely stating they respected Anwar’s position, Raveentharan said in an interview. 

He disputed the contention of Bersatu president Tan Sri Muhyiddin Yassin that the six MPs had violated the anti-party hopping law by declaring support for Anwar.

MP seats in Malaysia are vacated or disqualified upon death, resignation letters submitted to the house speaker, a consecutive six-month absence, criminal conviction, bankruptcy, dual holding of positions, and misconduct.   

The specific procedures for vacating a seat can vary widely between countries and even between different parliamentary chambers in the same country. The constitutional provisions specific to the jurisdiction in question needed to be referred to. 

Raveentharan said MPs who switched parties after being elected could face disqualification, depending on the rules of their respective parties and parliamentary procedures.

He added that MPs could challenge the due process if they deemed that they were being summarily sacked.

“It’s important to note that the specific rules and procedures for vacating a parliamentary seat in Malaysia are governed by the Federal Constitution, parliamentary standing orders, and other relevant laws. The exact interpretation and application of these grounds may also be subject to judicial review in Malaysian courts,” Raveentharan said. – July 12, 2024.