KUALA LUMPUR, Jan 17 — Parti Pribumi Bersatu Malaysia (Bersatu) will proceed with a lawsuit following Dewan Rakyat Speaker Datuk Johari Abdul’s decision on allowing four Sabah MPs to keep their parliamentary seats.
In a statement today, Bersatu president Tan Sri Muhyiddin Yassin said that Johari had misinterpreted the law and facts involving the matter.
He also claimed that Johari had made a mistake by declaring the Sabah quartet Gabungan Rakyat Sabah (GRS) members on October 27 last year and saying that their Bersatu memberships were voided on that same day.
“It is clear that the Dewan Rakyat Speaker has made a misinterpretation regarding Article 49A (3) of the Federal Constitution.
“Since the power to interpret the Federal Constitution and the law rests with the courts, Bersatu will refer this matter to the courts so that the supremacy of law is always preserved,” he said.
Article 49A (3) of the Federal Constitution states that whenever the Speaker receives a written notice from members of the Dewan Rakyat on the occurrence of a casual vacancy among the members, the Speaker should establish that there is such a vacancy and notify the Election Commission within 21 days of the date he received the written notice.
The four MPs were Minister in the Prime Minister’s Department Datuk Armizan Mohd Ali (Papar), Deputy Tourism, Arts and Culture Minister Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Matbali Musah (Sipitang) and Datuk Jonathan Yassin (Ranau).
The former prime minister also said that Johari must not consider GRS as “different political party” as Bersatu was one of its founders and a component party.
Muhyiddin said that the Sabah quartet were Bersatu members prior to the last general election (GE15) despite contesting under the GRS banner.
“Therefore, in this case, only Bersatu supreme council members can determine whether the four members of the Dewan Rakyat lost their membership immediately when they joined GRS.
“The Dewan Rakyat Speaker made his decision based on his interpretation of Clause 10.2.3 of the Bersatu Constitution.
“As he does not have the authority to interpret the Bersatu Constitution, his decision that the four members of the Dewan Rakyat do not need to vacate their seats is erroneous,” he added.
Clause 10.2.3 of the Bersatu Constitution states that a member loses his membership immediately upon joining any other political party.
Earlier today, it was reported that four Sabah MPs were told that they did not have to vacate their parliamentary seats.
On December 11 last year, the four MPs announced that they were leaving Bersatu to form a new party. They claimed to have been elected in the November general election on a GRS ticket, while Bersatu was then part of GRS.
However, after GE15, coalition leaders said they had left Bersatu. GRS, led by Datuk Seri Hajiji Noor, then aligned with the government formed by Pakatan Harapan (PH) chairman Datuk Seri Anwar Ibrahim.
The four MPs were seated among government MPs when the Dewan Rakyat convened on December 19.
Bersatu is the lynchpin party of the federal Opposition Perikatan Nasional (PN) coalition, together with its main partner PAS.
