KUALA LUMPUR, Dec 12 — Former de facto law minister Datuk Seri Wan Junaidi Tuanku Jaafar has clarified today that the four Gabungan Rakyat Sabah (GRS) members of Parliament (MPs) need not vacate their seats.
In a joint statement made with Sabah-based constitutional lawyer Tengku Datuk Fuad Tengku Ahmad, Wan Junaidi said the anti-party hopping law does not affect the MPs if they had resigned before the 15th general election took place on November 19.
“Having been informed by various reliable sources this morning and this afternoon that these four members of Bersatu have left their party in early October before contesting for the general election on the November 19.
“In which case I have to agree with constitutional lawyer Tengku Datuk Fuad Ahmad that the anti-party hopping law does not affect them.
“In the recent 15th general election, these MPs contested under the GRS banner and as direct members of that party.
“Therefore, their association with Bersatu ended in early October this year, before the election took place. As such, they did not breach the anti-party hopping provisions of the Federal Constitution,” said Wan Junaidi.
On December 10, Sabah Chief Minister Datuk Seri Hajiji Noor announced that leaders of Sabah Bersatu had unanimously quit the party and would be known as GRS members until it forms a new local party.
He did not name the leaders involved.
Sabah has six MPs who contested and won under the GRS symbol in the November 19 general election.
Two of them hold federal government positions. They are Papar MP Datuk Armizan Mohd Ali who is also minister in the Prime Minister’s Department (Sabah and Sarawak Affairs); and Batu Sapi MP Khairul Firdaus Akbar Khan who is deputy minister of tourism, arts and culture.
The remaining four are Keningau MP Datuk Seri Jeffrey Kitingan, who is also second Sabah deputy chief minister, Tawau MP Lo Su Fui, Ranau MP Datuk Jonathan Yasin, and Sipitang MP Datuk Matbali Musah.
Tengku Fuad had earlier said that these MPs are not in violation of Article 49A of the Federal Constitution — also known as the anti-party hopping law — as they had contested in the recent general election under a GRS ticket.
Article 49A states that a member of a political party who was elected to Parliament shall cease to be a member of the House of Representatives and that member’s seat shall become vacant immediately if such a member resigns his or her party membership or ceases to be a member.
Yesterday, Tengku Fuad had also explained that GRS’ constitution allows individuals to be registered as direct members.
He added that it is part of GRS’ raison d’etre. Political parties, non-governmental organisations, charities, and individuals can be members of GRS.
He also said GRS also permits individual membership of more than one party. For example, an individual can be a party member of both GRS and PBS, adding that STAR had been both a member of GRS and the Perikatan Nasional (PN) coalition during GE15.
GRS consists of Parti Solidariti Tanah Airku (STAR), Sabah Progressive Party (SAPP), Parti Bersatu Sabah (PBS), United Sabah National Organisation (Usno), and before Hajiji’s bombshell announcement, Parti Pribumi Bersatu Malaysia, better known as Bersatu.
