Court affirms sacking of 2 ex-PKR reps by Penang state assembly

The Court of Appeal says the High Court’s reasoning for upholding the expulsion of Zulkifli Ibrahim and Dr Afif Bahardin contained no error.

(FMT) – The Court of Appeal has unanimously dismissed appeals by two former assemblymen to challenge their removal from the Penang state assembly.

Bench chairman Justice Che Mohd Ruzima Ghazali said the High Court judge had addressed all arguments comprehensively when dismissing the challenge of Zulkifli Ibrahim (Sungai Acheh) and Dr Afif Bahardin (Seberang Jaya) to the vacating of their seats.

“We find no error in his reasoning. We fully endorse the decision of the High Court,” said Ruzima, who chaired a three-member panel hearing the appeal.

Also on the panel were Justices Azizul Azmi Adnan and Firuz Jaffril.

The bench made no order as to costs.

On Dec 8 last year, Justice Anand Ponnudurai ruled that Zulkifli and Afif were correctly disqualified from the state legislative assembly following their expulsion from PKR.

However, Anand held two former assemblymen from Bersatu – Khaliq Mehtab Ishaq (Bertam) and Zolkifly Lazim (Teluk Bahang) – did not lose their seats as the state’s anti-hopping provision did not apply to them.

Then speaker Law Choo Kiang did not appeal the decision made in favour of Khaliq and Zolkifly.

A motion for the assemblymen’s removal had been proposed to the assembly by then deputy chief minister Ahmad Zakiyuddin Abdul Rahman in February last year under the state’s anti-hopping provision passed in 2012.

Article 14A of the Penang state constitution says that an assemblyman shall vacate his seat if, having been elected as a candidate of a political party, he resigns or is expelled from the party, or if having been elected otherwise than as a candidate of a political party, he joins a political party.

The four were removed as assemblymen on March 6, 2023.

All four had contested the 2018 state election under the PKR logo. At the time, PH consisted of PKR, DAP, Amanah and Bersatu.

Zulkifli and Afif were sacked by PKR following the Sheraton Move in 2020.

Earlier today, lawyer Azhar Harun, representing Zulkifli and Afif, submitted that Article 14A of the state constitution was inconsistent with Article 49A of the Federal Constitution, which he said was the superior law governing the crossing over of elected representatives from one party to another.

“Article 49 states that no MP loses his seat if sacked by his party. Article 14A must be read harmoniously with this provision in the supreme law,” he said.

He said all states, except Penang, had made amendments to their state constitutions.

Azhar, who was assisted by Chetan Jethwani, also contended that the motion to sack Zulkifli and Afif was unclear.

A Surendra Ananth, who appeared for Law and the state assembly, said the Federal Court had on Aug 3, 2022 held Article 14A as constitutional.

He also said it was for the legislature under the doctrine of separation of powers to determine whether it was fair to terminate the membership of Zulkifli and Afif.