Why did Syed Saddiq change his lawyer and withdraw his suit against PPBM?
Since Mahathir can no longer return to PPBM, and PPBM is no longer a member of Pakatan Harapan, in what capacity will Mahathir return to the coalition? Will Mahathir join one of the other parties — PKR, DAP or PAN? Or will Mahathir form a new party? Or does Pakatan Harapan allow “direct membership” for those with no parties to join the coalition?
THE CORRIDORS OF POWER
Raja Petra Kamarudin
Yesterday, we published an article titled “Syed Saddiq: the rat deserting the sinking ship” (READ HERE) about Syed Saddiq Abdul Rahman withdrawing his suit against Parti Pribumi Bersatu (PPBM).
But something else happened before that. Before dropping his case, Syed Saddiq changed his lawyer (SEE LETTERS BELOW), which was something quite strange because normally plaintiffs do not do that. So why did Syed Saddiq change his lawyer?
Initially, Tun Dr Mahathir Mohamad’s lawyer, Mohamed Haniff Khatri Abdulla, was acting for Syed Saddiq and five others (Dr Mahathir and Mukhriz included). But Syed Saddiq no longer trusts Haniff so he wants to detach himself from the other plaintiffs.
Syed Saddiq feels that Haniff blundered and because of that they are going to lose the case. And this is why, after changing his lawyer, Syed Saddiq withdrew his suit.
READ MORE HERE: Syed Saddiq tarik balik saman PPBM batal keahliannya
The bottom line is, Syed Saddiq’s (and the five others) act of suing PPBM means that their party membership is now automatically terminated. Hence, they no longer have locus standi to sue the party, something which Haniff appears to have overlooked.
According to Syed Saddiq’s lawyer, a registered society is governed by its constitution and the provisions of the Societies Act, 1966. And the constitution of a registered society operates as a contract between its members.
Clause 10.2 of PPBM’s party constitution provides for the automatic loss of membership by certain pre-defined events. Clause 10.2 of PPBM’s party constitution says: “Keahlian seseorang ahli terhenti secara serta-merta apabila berlaku mana-mana satu yang berikut: (10.2.6) Seseorang ahli membawa apa-apa jua perkara parti atau hak keahliannya ke mahkamah.”
Hence, by suing PPBM on 9th June 2020, Syed Saddiq and the five others have violated Clause 10.2.6 of PPBM’s party constitution and thus have ceased to be members of the party.
This is why Syed Saddiq no longer has confidence in Haniff and asked for his lawyer to be changed. Further to that, Syed Saddiq withdrew his case against PPBM, knowing that the case is lost anyway.
In that case, this would mean Mahathir, Mukhriz and the others would also have no case and their expulsion from PPBM can be considered final. Maybe this was why DAP announced today that Pakatan Harapan’s doors are still open to Mahathir.
The question is, in what capacity? Since Mahathir can no longer return to PPBM, and PPBM is no longer a member of Pakatan Harapan, in what capacity will Mahathir return to the coalition? Will Mahathir join one of the other parties — PKR, DAP or PAN? Or will Mahathir form a new party? Or does Pakatan Harapan allow “direct membership” for those with no parties to join the coalition?
