KUALA LUMPUR – Bersatu has filed a judicial review at the high court here against Dewan Rakyat Speaker Datuk Johari Abdul and four federal lawmakers in a bid to vacate four Sabah parliamentary seats.
The application, filed by Sabah Bersatu chief Datuk Seri Ronald Kiandee and another party member, seeks to vacate the Papar, Batu Sapi, Ranau, and Sipitang seats claiming the incumbents violated Article 49A of the federal constitution when they contested in the general election as Bersatu members using the Gabungan Rakyat Sabah (GRS) banner.
The four MPs are Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Jonathan Yasin (Ranau), and Matbali Musah (Sipitang).
In the application, it stated that Bersatu had sent a letter of termination of membership for all four members on December 21, 2022.
They were sacked from the party, a move constituting the vacation of their seats according to the anti-party hopping law.
Despite all four members now considered members of GRS, Bersatu posited in the application that they were members of the party prior to the election and were in violation of the aforementioned law when they had engaged in “exploited party-hopping” to stay in power.
Bersatu also claimed that Johari’s decision not to vacate the seats was a “breach of natural justice” and prejudicial against the party.
The party is seeking for the court to revoke Johari’s decision and vacate all four aforementioned seats, and for the Dewan Rakyat speaker to inform the Election Commission within 21 days of the court order.
In January, Johari said his decision on the four seats is final. However, he noted that it is well within Bersatu’s rights to seek the courts’ intervention.
He added that he had stated all the justifications and reasoning for his decision in a letter dated January 16 that he sent to Bersatu.
“As I have replied (in the letter to Bersatu)...that’s it. (The decision is) final. It’s up to Bersatu (to refer to the courts). They have the right to do so.”
Previously, Bersatu president Tan Sri Muhyiddin Yassin said the party would refer the matter to court as Johari had erred in his ruling. – The Vibes, April 28, 2023
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