THE Federal Court today dismissed Parti Pribumi Bersatu Malaysia’s (Bersatu) application for leave to appeal against the Dewan Rakyat Speaker’s decision not to declare four parliamentary seats in Sabah vacant. These seats had been won by former party members in the 15th General Election (PRU15).
The ruling was delivered by a three-judge panel, with a 2-1 majority. The panel was chaired by Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi, sitting alongside Federal Court judges Tan Sri Nallini Pathmanathan and Datuk Collin Lawrence Sequerah. Judges Nallini and Sequerah formed the majority, while Chief Judge Azizah issued a dissenting opinion.
Delivering the majority judgment, Judge Nallini emphasised that the matter concerned the constitutional powers of the Speaker under the Federal Constitution, which are non-justiciable.
She said, “The court must respect the doctrine of separation of powers and the privileges of Parliament, and therefore does not interfere with the Speaker’s specific powers under the Federal Constitution, except in cases of abuse.”
Judge Nallini further explained that in Bersatu’s case, the Speaker had exercised authority under Article 49A of the Federal Constitution, noting that the role is not merely administrative. She stressed that the Speaker is not simply a “rubber stamp.”
The ruling effectively upholds the Dewan Rakyat Speaker’s discretion in determining the status of parliamentary seats, reinforcing parliamentary privileges and the constitutional separation of powers. - January 9, 2025
