Legal impasse involving 6 turncoat MPs

THE recent Parliament session, which concluded last week, saw Dewan Rakyat Speaker Tan Sri Johari Abdul’s decision that allowed six former Parti Pribumi Bersatu Malaysia MPs who supported the government to keep their seats.

(The Malaysian Reserve) – It has sparked a debate over the legality and effectiveness of the Anti-Hopping Law.

Both sides were engaged in a debate over the complexities of Article 49A of the Federal Constitution, with a focus on the need for precise interpretation to ensure that the law’s intent is respected and parliamentary procedures are upheld.

Supporting the decision not to vacate the seats, law expert Emeritus Prof Datuk Dr Shad Saleem Faruqi, said Johari acted correctly. Shad Saleem clarified that the Speaker’s discretion is controlled and not merely a rubber stamp for the party.

“Article 49A of the Federal Constitution says a dismissal, sacking, or expulsion from a party is not the ground for a seat to fall vacant, and the Speaker has to see whether what has been done is actually in real effect an expulsion and not cessation,” Shad Saleem said during an interview on Bernama.

He said an MP ceases to be a member of the party through his or her own actions or inactions, such as not paying membership fees, failing to attend meetings, resigning, or joining another party.

“So, when it comes to expulsion from the party, that is the decision of the party. The party will give notice and conduct an investigation and it will oust the member from its party due to some misconduct.

Seen in this light, it appears that Bersatu’s action in revoking the membership of the six members is actually an expulsion, a constructive dismissal, not simply a case of ceasing to be a member,” he added. Johari’s predecessor Tan Sri Azhar Azizan Harun referred to Article 49A(1)(a)(ii) that was amended in 2022 because of the Anti-Hopping Law stated that an MP can be disqualified if they resign from their party or cease to be a member which reflected the six MPs.

“This provision under the law is very clear,” he said adding the law itself leaves no room for ambiguity.

Azhar said the amendments to the Anti-Hopping Law were passed after careful deliberation and a prolonged debate, as well as the setting up of a special 11-member bipartisan committee chaired by former Law Minister Tun Dr Wan Junaidi Tuanku Jaafar.

He said the committee had consulted legal experts and civil societies before concluding the amendments.

Meanwhile, lawyer Mohamed Haniff Khatri Abdulla highlighted the potential contradiction in the law.

He said a sub-clause of the same article said the same provision also specifies that an MP shall not cease to be a lawmaker merely due to expulsion from their political party and questioned the oversight of MPs when passing the constitutional amendment.