BERSATU Files Lawsuit Against Dewan Rakyat Speaker & 5 Former MPs to Vacate Parliamentary Seats

The opposition party Parti Pribumi BERSATU Malaysia has filed a lawsuit against the Dewan Rakyat Speaker for refusing to vacate 5 parliamentary seats held by its expelled members.

According to BERNAMA, the party, represented by executive secretary Datuk Capt (Rtd) Muhammad Suhaimi Yahya and vice-president Datuk Seri Dr Ronald Kiandee, filed an originating summons on November 15, challenging Tan Sri Johari Abdul’s decision as unconstitutional.

5 other MPs were named

The party is asking for a declaration that Johari went against Article 49A(3) of the Federal Constitution with a letter dated July 9, wrongly deciding that there was no vacancy in the 5 parliamentary seats.

They’ve named Johari and 5 other members of the parliament (MPs) as defendants:

• Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar)
• Mohd Azizi Abu Naim (Gua Musang)
• Zahari Kechik (Jeli)
• Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang)
• Datuk Dr. Zulkafperi Hanafi (Tanjong Karang)

The party is requesting a ruling that Johari must comply with Article 49A(3), ensuring the 5 seats are vacated and notifying the Election Commission (EC) within 21 days of the court’s decision.

In addition, the plaintiffs are seeking a declaration under Article 49A(1)(a)(ii) of the Federal Constitution, asserting that it is Johari’s responsibility to confirm that the 5 MPs are no longer part of BERSATU, thus triggering casual vacancies.

They’re also asking for a declaration under Clause 10.6 of BERSATU’S constitution, saying that the party’s supreme council’s decision to end membership can’t be challenged by Johari.

They shifted their support to Anwar

In the supporting affidavit, Ronald mentioned that the 2nd to 6th defendants were elected as MPs in the 15th General Election and were members of BERSATU at the time.

He also pointed out that from October 12, 2023, the 2nd to 6th defendants shifted their support to Anwar and the government, which directly went against BERSATU’S stance of not supporting or joining a government led by Anwar.

“The plaintiffs argue that the 5 MPs, despite claiming to still be part of BERSATU, were essentially party-hopping and taking advantage of the anti-hopping law by not officially leaving the party, even though they clearly violated party policies.”

“Ignored, failed, and refused to comply”

On May 17, 2024, Ronald pointed out that the BERSATU supreme leadership council had issued a written order under Clause 10.5 of the BERSATU Constitution, telling the 2nd to 6th defendants to stop supporting Anwar as Prime Minister.

He added that they were also instructed to inform the Dewan Rakyat Speaker, follow all policies and decisions made by the BERSATU council, and show their loyalty to the party.

However, Ronald noted that the defendants ignored, failed, and refused to comply, leading BERSATU to issue a notice on June 12, 2024, officially terminating their membership and removing their names from the party’s system, as per Clause 10.6 of the BERSATU Constitution.

The case management has been scheduled for November 29.

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