KOTA KINABALU – The departure of the Sabah Bersatu lawmakers from the party yesterday is now in question, especially its four MPs, as it could be in conflict with the anti-party hopping law.
Sabah Law Society president Roger Chin told The Vibes that this could possibly trigger vacancies for seats the four Sabah Bersatu MPs had won in the 15th general election under the Gabungan Rakyat Sabah (GRS) ticket.
However, Chin said that the current law – the new Article 49A of the federal constitution – has insufficient details to determine if the four seats will be affected, as the words “political party” may or may not also imply coalitions such as GRS.
According to Article 49A, a member of the Dewan Rakyat shall cease to be a member of that House, and the seat shall become vacant immediately on a date a casual vacancy is established by the speaker under Clause (3) if:
(a) having been elected to the Dewan Rakyat as a member of a political party,
(i) he resigns as a member of the political party; or,
(ii) he ceases to be a member of the political party; or,
(b) having been elected to the Dewan Rakyat otherwise than as a member of a political party, he joins a political party as a member.
“The operative words are ‘member of a political party’. What these words mean is far from clear. Does a ‘political party’ mean an individual political party like Umno and PKR, or does it also include a registered political coalition party like BN or GRS?” Chin said.
Yesterday, GRS chairman Datuk Seri Hajiji Noor, who also led the state Bersatu chapter, announced his departure from the party. Four MPs and 15 assemblymen from the party also made their exit alongside Hajiji.
Hajiji said they will now be collectively GRS members until they form a new local party.
The four Sabah Bersatu candidates who won in the last general election under GRS tickets are Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Matbali Musah (Sipitang), and Datuk Jonathan Yasin (Ranau).
Armizan was recently appointed as the Minister in the Prime Minister’s Department (Sabah and Sarawak Affairs), and Khairul as the tourism, arts and environment deputy minister.
Beluran MP Datuk Seri Ronald Kiandee is the only Bersatu member who contested under the Perikatan Nasional ticket instead of GRS.
Chin said the election candidacy letters, flags, and logos used by a member during the election could play a role in factors to be considered in arriving at answers to the issue.
He added that vacating a seat is not automatic, and the speaker of the House must first establish the vacancy, according to Article 49A(3).
“The anti-hopping law was only brought into force on October 5, and so far, there are no court decisions in Malaysia that can provide guidance on the interpretation of the new law and how it is to be applied,” he said.
Chin added that the current law does not apply to assemblymen, as the Sabah constitution has yet to be amended to include the anti-hopping law.
Meanwhile, Kiandee confirmed that he is not leaving Bersatu, and remains the Bersatu Beluran division chief and Bersatu vice-president.
He said he had heard of a gathering among Sabah Bersatu members on Friday night when they made the decision, but he was not invited.
Kiandee said Hajiji’s move cannot end Bersatu in Sabah, as the party still retains many grassroots members, and those leaving do not have the blessings of the party members.
“Bersatu is here to stay (in Sabah), and we will rebuild it. I am confident that I can rebuild Sabah Bersatu in a short time,” he said.
Kiandee added that Sabah Bersatu members, including division chiefs, have the right to choose their political directions and make their own decisions. – The Vibes, December 11, 2022
