KUALA LUMPUR, July 11 – Dewan Rakyat Speaker Tan Sri Johari Abdul said that the directives under Clause 10.5 of the Bersatu Constitution are contrary to the Federal Constitution.
He said the Bersatu Constitution denies the rights of its five former members as enshrined in the Federal Constitution, the Dewan Rakyat Standing Orders and the Houses of Parliament (Privileges and Powers) Act 1952, which guarantees the privileges, freedom of speech, debate and voting rights to the MPs concerned.
This is among the content of the letter dated July 9 sent by the Speaker to Bersatu Chief Whip Datuk Seri Ronald Kiandee, on his decision relating to Bersatu’s notice concerning the unexpected seat vacancies involving six lawmakers who have been stripped of their party membership.
Copies of the letter were also sent to five of the MPs namely Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Thalid (Kuala Kangsar) and Datuk Dr Zulkafperi Hanapi (Tanjong Karang).
“About Bersatu’s application for the five MPs to return to the opposition seats, I found that, until today, they are still seated in the opposition bloc. Therefore, I found and decided that there is no vacant seat under Article 49A (1) of the Federal Constitution,” he said in the letter.
In considering the notice, Johari said he referred to several related documents such as the Report of the Special Select Committee (JKPK) Reviewing the Constitution (Amendment) Bill (No.3) 2022 and Regarding the Provision Prohibiting Members of the Dewan Rakyat from Party Hopping D.R 7 Year 2022 (JKPK Report).
Also the official report dated April 11, 2022, on the Constitution (Amendment) Bill (No.3) 2022; and the official reports dated July 27 and 28, 2022, on the Constitution (Amendment) Bill (No. 3) 2022 and the Motion Regarding the JKPK Report, he said.
“I have found from these documents that the purpose of Article 49A of the Federal Constitution was established to ensure the political stability of the country for a long period.
“In addition, I also consider the principle of the Supremacy of the Constitution. Malaysia practices the principle of the Supremacy of the Constitution under the Federal Constitution, and it is also the third principle of the Rukun Negara.
“This is because under the Supremacy of the Constitution, all laws or regulations are subject to the Federal Constitution,” he said.
Regarding the decision not to declare the Labuan seat vacant, Johari, in a separate letter, stated that he did not want to prejudice the interests of the parties involved in the ongoing court case, as the Labuan MP Datuk Dr Suhaili Abdul Rahman has filed a lawsuit against Bersatu in the Shah Alam High Court.
“Since this case is currently under judicial consideration, I do not want to prejudice the interests of the parties involved in the court case with my decision under Article 49A (3) of the Federal Constitution,” he said.
