KOTA KINABALU – Warisan is determined to take legal action against its 11 former assemblymen who defected from the party after the 2020 state election, said Datuk Seri Shafie Apdal, who believes the party should be allowed, among others, to recover losses for sponsoring them.
The Warisan chief cited the case of former federal minister Datuk Zuraida Kamaruddin, who was ordered by the courts to pay RM10 million to PKR for her defection from the party in 2020, as a precedent for Warisan’s actions.
“We will continue to pursue legal action against them based on the judgement in Zuraida’s case. There must be a breach of contract since the party (Warisan) had financially supported them, covering their deposits, campaign materials, lawyers’ fees, and other expenses,” Shafie stated during a meeting at the Tg Aru low-cost flats.
Before the 2020 state polls, Warisan required all its candidates to sign a pre-dated letter promising to vacate their seats if they decided to leave the party.
However, after the snap election, 11 assemblymen defected, namely Hassan A Gani Pg Amir (Sebatik), Datuk Yusof Yacob (Sindumin), Datuk Peter Anthony (Melalap), Juil Nuatim (Limbahau), Datuk Mohamaddin Ketapi (Segama), Rina Jainal (Kukusan), Norazlinah Arif (Kunak), Mohamad Mohamarin (Banggi), Chong Chen Bin (Tg Kapor), Datuk Awang Ahmad Sah Sahari (Petagas), and Hiew Vun Zin (Karamunting).
Warisan’s earlier attempt to vacate some of the seats failed after state Speaker Datuk Kadzim Yahya declared the pre-signed letter ineffective.
Shafie emphasised that the legal action should not solely be based on whether they signed any bonds, similar to Zuraida’s case.
In Zuraida’s case, PKR had invoked Section 71 of the Contracts Act 1950 to recover benefits received by her during her tenure as Ampang MP and plantation and industries minister.
In this regard, Shafie asserted that Warisan should have similar rights to reclaim the funds spent on these assemblymen.
“Since a clear legal judgment has been made in Zuraida’s case, Warisan should also be granted the same rights. If it was given to others, the same should be given to us,” he said.
Regarding the Sebatik case, Shafie revealed that it is currently at the appeal stage, and he has instructed party lawyers to pursue the angle of breach of contract.
Shafie considered this case as a test case before the party pursues action against the other defectors, underscoring Warisan’s determination to recoup the losses incurred due to these political defections.
“I vividly remember tirelessly campaigning for them, but after they abandoned Warisan, they said all kinds of things,” Shafie added. – The Vibes, July 16, 2023
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