KUALA LUMPUR: The Dewan Rakyat speaker must decide whether the seven seats of Parti Pribumi Bersatu Malaysia (Bersatu) elected representatives are vacant under the anti-hopping law.
Constitutional and legal expert Professor Dr Nik Ahmad Kamal Nik Mahmood said the speaker needs to determine if ceasing to be a member of Bersatu is the same thing as having one's membership be terminated by Bersatu.
"If they are deemed similar, then the members of parliament do not lose their seats. However, if it is not similar, then the speaker will declare that the seats are vacant, and by-elections will have to be held.
"Letting the seven elected members know in writing about their vacant seats is appropriate. However, the next question is, whether the speaker's decision, wherever it will go, is subject to judicial review or not" he said.
On Sunday, Bersatu vice-president Datuk Seri Dr Ronald Kiandee said the memberships of the seven Bersatu elected representatives who declared their support for the unity government under Prime Minister Datuk Seri Anwar Ibrahim's leadership, have automatically ceased
Meanwhile, Lawyer Nizam Bashir expressed confidence in Bersatu's ability to enforce party discipline, regardless of whether one views it as unilateral action on their part.
He said Kiandee's statement is premised on amendments approved on the party's constitution during its extraordinary general meeting on March 2.
"With the amendments, Clause 10.4, 10.5 and 10.6 were incorporated into the party's constitution and the Articles respectively state that: 'Disobedience to any directive issued by the Supreme Leadership Council results in the immediate cessation of membership in the party.'
"The Supreme Leadership Council can issue specific directives to any or all of its representatives in the Dewan Rakyat or state legislative assemblies. All directives issued under this article shall be made in writing.
"The Secretary-General, upon the directive of the Supreme Leadership Council, shall issue a notice to the concerned member informing them that their membership has ceased immediately and that their name has been removed from the party's membership registration system," he said.
He added that the MPs in question did not respond positively to the notice sent by Bersatu earlier, leading to the termination of their memberships.
On Saturday, Bersatu president Tan Sri Muhyiddin Yassin said 25 MPs and 58 state assemblymen from Bersatu signed letters affirming their allegiance to the party.
There are 31 Bersatu MPs and 60 assemblymen. This meant the only ones who failed to adhere to the special directive of the supreme council were the six MPs who had previously declared support for Anwar, and one assemblyman.
The six MPs are Bukit Gantang's Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal; Zahari Kechik (Jeli); Mohd Azizi Abu Naim (Gua Musang); Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Suhaili Abdul Rahman (Labuan) and Datuk Dr Zulkafperi Hanafi (Tanjong Karang).
One assemblyman who declared support for Selangor Menteri Besar Datuk Seri Amiruddin Shaari is Selat Klang's Datuk Abdul Rashid Asari.
