Penang CM welcomes high court decision to refer state’s anti-hopping law to Federal Court

GEORGE TOWN – Chief Minister Chow Kon Yeow welcomed the high court’s decision today to refer Section 84 of the Courts Judicature Act 1964 and Article 128 of the federal constitution to the Federal Court to determine the legality of the state’s decision to declare four assembly seats vacant.

The state had filed an application at the high court for the Federal Court to determine the positions of Seberang Jaya assemblyman Afif Bahardin, Sg Acheh assemblyman Zulkifli Ibrahim, Bertam assemblyman Khaliq Mehtab Mohd Ishaq and Teluk Bahang assemblyman Zolkifli Md Lazim, whose seats were declared vacant after they chose to exit from Pakatan Harapan.

The state government’s application was a response to the originating summons which was filed by the four assemblymen against the state assembly and its speaker to challenge the constitutionality of Article 14A(1) of the state constitution and to stop the four seats from being declared vacant pursuant to Article 14A(1).

Under the state’s anti-hopping law spelt out in Article 14(A)(1) of the Constitution of the State of Penang (Amendment) Enactment 2012, representatives who defect from their party would have to give up their seats.

The originating summons by the four assemblymen to stop their seats from being declared vacant by the state assembly and its speaker pursuant to Article 14A(1) of the state constitution is currently being stayed at the high court pending the Federal Court’s decision on the constitutionality of Article 14A.

“Subject to this article, a member of the legislative assembly shall vacate his seat if –(a) having been elected as a candidate of a political party, he resigns or is expelled from, or ceases for any reason whatsoever to be a member of that party, or having been elected otherwise than as a candidate of a political party, he joins a political party,” Chow noted.

Chow said notwithstanding the ongoing developments in respect to the proposed amendments to the federal constitution as well as the anti-hopping law, the state government is committed to ensuring that the voters’ mandate remains paramount and that any action which tarnishes the public’s faith in the nation’s democratic process must be met with due consequences. – The Vibes, April 13, 2022