Ex-PKR reps head to apex court to challenge Penang assembly sacking

Zulkifli Ibrahim and Dr Afif Bahardin say the proposed legal questions are highly important as they will impact the fundamental principles of democracy.

(FMT) – Two former Penang assemblymen have sought the Federal Court’s leave to challenge their removal from the state legislature last year.

Zulkifli Ibrahim (Sungai Acheh) and Dr Afif Bahardin (Seberang Jaya) are appealing the Court of Appeal’s Sept 27 ruling, which upheld the High Court’s decision against them.

Through their solicitors, Chetan Jethwani & Company, Zulkifli and Afif framed four legal questions to convince the apex court to hear their case.

The questions centre on the interpretation of Article 14A of the Penang state constitution, arguing that the implications are critical for democratic principles.

Under Section 96 of the Courts of Judicature Act, applicants must raise novel legal or constitutional issues of public importance to gain Federal Court consideration.

The legislative assembly and former Penang speaker Law Choo Kiang have been named as respondents.

Lawyer A Surendra Ananth, appearing for the respondents, said they were served with the cause papers last month when Zulkifli and Afif filed leave applications within 30 days of the Court of Appeal ruling.

A three-member Court of Appeal bench chaired by Justice Che Ruzima Ghazali said the High Court judge had addressed all of the arguments comprehensively when dismissing the challenge by Zulkifli and Afif.

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

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

Law, the speaker at the time, did not appeal the decision in favour of Khaliq and Zolkifly.

A motion for the assemblymen’s removal was 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 states 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, Pakatan Harapan consisted of PKR, DAP, Amanah, and Bersatu.

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