From left: Zahari, Iskandar Dzulkarnian, Zulkafperi, Mohd Azizi, Suhaili, and Syed Abu Hussin are ready to challenge the Bersatu Constitution amendment in court. FILE PIC
From left: Zahari, Iskandar Dzulkarnian, Zulkafperi, Mohd Azizi, Suhaili, and Syed Abu Hussin are ready to challenge the Bersatu Constitution amendment in court. FILE PIC

KUALA LUMPUR: Four of the six Parti Pribumi Bersatu Malaysia (Bersatu) members of parliament who pledged their support towards unity government have questioned the legitimacy of the party's constitutional amendment to prevent members from switching sides.

The MPs – Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal, Suhaili Abdul Rahman, Mohd Azizi Abu Naim and Dr Zulkafperi Hanapi – said they were ready to challenge the matter in court.

Speaking to Buletin Utama, Suhaili said the stance of the six Bersatu MPs who declared support for Prime Minister Datuk Seri Anwar Ibrahim will be retained as it was carried out even before the amendment was passed.

"If (the amendment) is approved in a retrospective manner, this means that it has malicious intent and I do not think that the Registrar of Societies (RoS) will approve it.

"(And) even if we are asked whether we (still) support (the prime minister) after the amendment is approved, our stance remains the same as the support was declared before the amendment was done.

"Hence, if this is considered a violation of the party, we will wait for the decision of the (Dewan Rakyat) Speaker and the court," said the Labuan MP.

Syed Abu Hussin, who is Bukit Gantang MP, also stood firm in his decision to support the prime minister.

"I will not resign as an MP until the court makes a ruling.

"Alongside my friends who have declared support towards the 10th prime minister, I will not resign and will challenge the legitimacy of the amendment in court. Let the court decide (on it)."

Meanwhile, Tanjong Karang MP Dr Zulkafperi Hanapi said the amendment would only give an advantage to the supreme council members to take action against members who violate the party's principles.

"I believe that (the amendment) is not bound by the Anti-Hopping Law and we will refer to matter to our lawyer for the next course of action."

Mohd Azizi said that the amendment did not have a direct connection to the Anti-Hopping Law.

"Referring to Article 49A of the Federal Constitution (on anti-hopping law), I do not see any connection and I have referred (this matter to) the lawyer."

Earlier, Bersatu unanimously passed a motion to amend its constitution which aimed to prevent its members from declaring support to other parties or switching sides.

The motion, which was tabled by its deputy president Datuk Seri Faizal Azumu, involved Clause 10 of its constitution which deals with the cessation of membership and the expulsion of its members who switch sides with immediate effect.

This means that the six of its lawmakers who pledged support towards Anwar's administration must immediately vacate their seats should they retain their stance in supporting the unity government once the amendment is passed.

Aside from Syed Abu Hussin, Suhaili, Mohd Azizi and Dr Zulkafperi who pledged support towards Anwar, the other two members were Zahari Kechik (Jeli) and Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar).

Bersatu president Tan Sri Muhyiddin Yassin said the amendment of Clause 10 was also in line with the anti-hopping provision under Article 49A of the Federal Constitution to prevent members of parliament from switching parties.