KOTA KINABALU – Ranau MP Datuk Jonathan Yasin, one of the four Sabah MPs who quit Bersatu, is keeping calm despite developments that unfolded after the members’ exodus yesterday.
In a brief reply to The Vibes, he said he had stood as a Gabungan Rakyat Sabah (GRS) candidate in the 15th general election (GE15) and now simply wishes to remain as a GRS MP.
“I wish to remain as a GRS MP. That is all that I can tell for the now,” he said.
Other than Jonathan, the other Sabah MPs who left Bersatu are Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), and Datuk Matbali Musah (Sipitang).
Yesterday, Warisan deputy president Datuk Darell Leiking stressed that the four former Sabah Bersatu members who won in GE15 under the GRS ticket must vacate their seats.
He said while the four MPs were elected under the GRS banner, they are first and foremost Bersatu members, led by Tan Sri Muhyiddin Yassin.
He also questioned how the departure would affect Armizan and Khairul’s standing. They are the Sabah and Sarawak affairs minister and deputy tourism, arts, and culture minister, respectively.
He said Article 49A of the federal constitution should take effect if the four Bersatu MPs have indeed resigned from the party.
Replying to The Vibes today, Leiking said the law is clear.
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 word ‘Having been elected as a member of a political party’ was to differentiate (them) from independent candidates. So, at that point in time, (during GE15), the four Sabah Bersatu MPs who won were Bersatu members.
“If they resign from Bersatu, then Article 49A(1)(a)(i) will apply; or if they are deemed to have ceased as a member of the party (where discipline has been imposed for not following party rules) then Article 49A(1)(a)(ii) applies,” he said.
Leiking also stressed that Article 49A is also clear that it applies to all political parties, regardless if one is shifting from one political party to another under the same coalition, he must still vacate his seat.
Sabah Law Society president Roger Chin, however, is unsure if the words “political party” in the article would also refer to coalitions such as GRS.
He concluded that, from a legal standpoint, there is not enough information to determine if the four seats will be affected.
On the other hand, political analyst Prof Lee Kuok Tiung from Universiti Malaysia Sabah said that both the Sabah government and the four MPs would not be affected by their decision to quit Bersatu.
He said the four MPs have contested under the GRS ticket and logo, not Bersatu or PN, and GRS is a political entity registered under the Registry of Societies Malaysia and thus has a legal personality.
“The words political party in Article 49A (1) in this case could refer to GRS. All four MPs contested as members of GRS, and they are now still GRS members. The GRS logo is also a legally valid logo approved by the Election Commission.
“It means that their (the four MPs) positions will only be implicated if they quit GRS,” he explained.
Commenting on Datuk Seri Hajiji Noor’s position as chief minister, Lee said that his appointment was made by the head of state, Tun Juhar Mahiruddin after judging that a candidate has the majority support from the members of the Sabah assembly.
“This is under the Sabah state constitution, Article 10(4) and Article 6(3).
“In this case, Hajiji is still a member of GRS and has the support of GRS-BN.
“So there is no issue of Hajiji’s position (as chief minister) or GRS-BN as the Sabah government,” he added. – The Vibes, December 11, 2022
.jpeg)
.jpg)
