Penang Bersatu reps refuse to vacate seats despite anti-hopping ruling

GEORGE TOWN – The four Bersatu assemblymen in Penang who had won their current state seats under the banners of other parties have pledged to continue in their positions despite the Federal Court ruling that the state’s anti-party hopping legislation is valid and binding.

The apex court had ruled that the legislation passed in the state assembly in 2012 was within the federal constitution.

The four elected representatives – Khaliq Mehtab Mohd Ishaq (Bertam), Zolkifli Md Lazim (Teluk Bahang), Zulkifli Ibrahim (Sg Acheh) and Dr Afif Bahardin (Seberang Jaya) – had earlier filed an affidavit in 2020 to challenge the state legislation.

Among others, the legislation bars crossovers and demands those doing so to vacate their seats to make way for fresh by-elections in the affected constituencies.

The state assembly had in 2012 also passed a motion seeking for the four to vacate their seats.

Currently, the assembly has 33 ruling members from the ruling Pakatan Harapan (PH) while the opposition, which includes the Bersatu reps, has seven.

In a joint statement today, the four said that they have urged their lawyers to seek a review of the latest court decision.

“For now, we do not believe that political parties have the absolute power to control and determine the decision of an elected representative,” they said.

“We do not agree with the court’s decision, but we respect the law on this matter.”

“As representatives elected by the people, we represent each and every one in the chosen constituency, whether they voted for our party or otherwise. 

“We will continue to make decisions based on what we feel is in the public interest and meet the needs of the people, and not sway to demands of others,” they said. 

Meanwhile, state speaker Datuk Law Choo Kiang said that he plans to discuss the matter with the state government and Chief Minister Chow Kon Yeow tomorrow on the matter.

Reps have moral duty to vacate seats, make way for by-election: ex-assemblyman

S. Raveentharan, coordinator of the Lawyers for Justice movement, said that in practical terms, there is no need to hold by-elections since this legislative term ends in the middle of next year.

“We are just nine months away from the expiry of the 14th legislative term. And we expect fresh federal and state elections to be held before May,” he said.

However, on moral grounds and as a matter of principles, Raveentharan urged the four backbenchers to vacate their seats, as it is binding upon them that any assemblyman who hops over to the other side must respect the constitution and vacate their seats.

Raveentharan is a former state assemblyman himself, having served in the past as the PKR rep for Batu Uban.

The Federal Court had ruled yesterday that the anti-party hopping law enacted by the Penang assembly in 2012 was valid and did not go against the constitution.

The seven-member bench, led by Chief Justice Tun Tengku Maimun Tuan Mat, ruled that Article 14A passed by the state assembly in 2012 is consistent with Article 10(1)(c) of the federal constitution.

The issue of the constitutionality reached the Federal Court level after the action of the four Penang Bersatu representatives who exited the PH coalition in 2020 and in turn became opposition backbenchers.

According to Article 14(A) of the Penang constitution, an assemblyman must vacate his seat if the person crosses over. Hence, the assembly had passed a motion calling for them to vacate and for by-elections to be held.

Besides being stripped of his assembly membership, the person also cannot be chosen as a candidate by another political party. – The Vibes, August 4, 2022