KUALA LUMPUR – There will be no by-election in the Pekan parliamentary constituency if disgraced former prime minister Datuk Seri Najib Razak loses his seat following the Federal Court upholding his conviction yesterday.
According to Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar, there is no need for the by-election as Najib will possibly be giving up the seat less than two years before the period when Parliament must be dissolved.
He added that Najib’s status as Pekan MP will be decided within two weeks of his sentencing.
“(Najib’s) seat being vacated does not happen immediately, but only after 14 days. Within that time frame, Najib can still apply for a royal pardon.
“If Parliament is informed that Najib has lost his MP status in line with Article 48 of the Federal Constitution after 14 days, only then his seat will be vacated.
“However, according to the federal constitution, a by-election is unnecessary as the vacancy is less than two years before Parliament is dissolved,” Wan Junaidi told Berita Harian today.
Article 48 refers to how an MP will lose his MP status if he is found guilty of a crime and sentenced to more than a year in prison or fined not less than RM2,000, as well as failing to receive a royal pardon.
Article 54, meanwhile, provides that a sudden vacancy in the Dewan Rakyat must be filled through a by-election within 60 days of the date the vacancy occurred, unless the leave happens within two years from the dissolution of Parliament or the majority party in Dewan Rakyat is affected.
He noted that barring a royal pardon or other relevant court processes, Najib will not be able to contest in the upcoming 15th general election (GE15).
“If there is no royal pardon, he (Najib) will be in prison. As an individual found guilty by the court, he is automatically no longer eligible to contest in the election.”
Yesterday, Najib became the first former Malaysian prime minister to serve jail time, following the apex court’s decision to uphold the high court’s previous ruling that Najib was guilty of all seven charges in his case.
In addition to his 12-year sentence, the Federal Court also upheld the RM210 million fine imposed by the high court on Najib.
A five-member bench chaired by chief justice Tun Tengku Maimun Tuan Mat said the findings of the high court were correct and the defence had failed to raise reasonable doubt.
According to Dewan Rakyat speaker Datuk Azhar Azizan Harun, Parliament is now waiting for an official notice from the Federal Court regarding the punishment meted out to Najib.
“There are no further appeals since the sentence was decided by the Federal Court, but Article 48(4)(b) also notes that if there are any other court proceedings, Najib’s (MP) position remains until the processes are completed,” Berita Harian quoted him as saying.
He added that he will have to check whether such proceedings include case reviews, explaining that if they are and Najib files his review application within 14 days, then he will retain his post as Pekan MP until the review is concluded.
He stressed that he will only make a decision on the Pekan seat vacancy if Najib does not file for a review or royal pardon within the next 14 days, starting today. – The Vibes, August 24, 2022
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