GEORGE TOWN – Penang will allow the four state assemblymen who had hopped from Pakatan Harapan (PH) to Bersatu in 2020 to remain in their state seats despite a federal court ruling against such political defections.
This is because the matter remains in the Penang High Court as the four Bersatu representatives have filed an application to challenge Article 14(1)(a) of the state’s constitution, which was amended in 2012 to bar party-hopping.
The four now risk having to vacate their seats after a seven-member bench of the Federal Court, led by chief justice Tun Tengku Maimun Tuan Mat, found the amendments to be valid and in tandem with the federal constitution’s Article 10(1)(c).
Chief Minister Chow Kon Yeow said that until the high court has disposed of the application brought by three out of the four assemblymen, the four would receive their salaries and recognition due as representatives.
He said that the state government’s solicitors have been instructed to write to the high court for an early date in respect to the three originating summons.
They were filed by Bertam assemblyman Khaliq Mehtab Mohd Ishaq, Zulkifli Ibrahim (Sg Acheh) and Dr Afif Bahardin (Seberang Jaya). The other affected assemblyman is Zolkifly Md Lazim (Teluk Bahang).
Among others, the state legislation bars crossovers and demands that those doing so vacate their seats to make way for by-elections in the affected constituencies, as well as stripping them of their state assembly membership.
Chow was responding to a call by DAP chairman and Air Putih assemblyman Lim Guan Eng for a special assembly sitting to be held to deliberate on the status of the four Bersatu assemblymen, who together with three Barisan Nasional assemblymen form the opposition front in the house.
He said the state has opted to wait for what transpires at the high court before making the next decision, stressing that the due process of the law needs to be determined here.
“It is an unprecedented ruling. It is also unusual that the deliberations by a seven-member bench ruled unanimously to back the Penang law. It is a good law.”
Two weeks ago in Parliament, Article 10(1)(c) of the federal constitution was also amended to incorporate elements of barring any form of party-hopping of active elected representatives from the Dewan Rakyat.
In view of the fact that the Federal Court had upheld the Penang legislation, there is now no need to convene a special legislative sitting here to amend the state laws to mirror the federal law, said Chow after officiating at the expansion of Pantai Hospital in Bayan Baru here.
Asked what would happen if both Parliament and the state assembly were dissolved to pave the way for the 15th general election, Chow said that it would preempt the high court decision.
Nonetheless, the Federal Court ruling upholding the Penang legislation shows that it is a good law, making it an unprecedented legislation which may last for decades.
The issue of constitutionality reached the Federal Court level after the action of the four Penang Bersatu representatives who exited the PH coalition in 2020 and 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 their seats and for by-elections to be held. – The Vibes, August 6, 2022
