KUALA LUMPUR: One of the seven Bersatu elected representatives, whose memberships were revoked by the party for declaring their support for the unity government, today claimed that he is still a member of Parliament.
Bukit Gantang MP Datuk Syed Hussin Hafiz Syed Abdul Fasal said he received a notice from Bersatu secretary-general Datuk Seri Hamzah Zainuddin yesterday informing him that his name has been removed from the party's membership system.
However, Syed Hussin cited Article 49A(1) of the Federal Constitution, claiming that the parliamentary seat will only become vacant if the MP himself relinquishes his membership in the party, is no longer a member of the party, or decides to join another party.
"The Federal Constitution specifically outlines three conditions for vacating a seat in the Dewan Rakyat, in which, such actions or announcements can only be made by the MP and not by any third party," he said in a statement today.
Therefore, he said a parliamentary seat will only become vacant if the MP declares either that he is leaving his political party or that he is no longer a member of that political party.
On MPs who were elected as independents, Syed Hussin explained that the seat will become vacant if the elected representative announces that he has joined a political party as its member.
Syed Hussin said he has consistently and clearly stated that he is a Bersatu member and supports the party's goals and objectives.
He added that he also supports any quarters, including component parties in Perikatan Nasional (PN), that support Bersatu's visions and missions.
This, he said, includes efforts to enable his parliamentary constituency to enable the people to receive welfare assistance, finance road construction projects, develop infrastructure facilities, organize community programmes, provide assistance to patients who urgently need it, distribute food to those in need, prepare for floods as well as manage the MP's service centre.
"Based on this explanation, it is clear that I did not commit any offense that violated the provisions stated in Article 49 of the Federal Constitution, which require the Dewan Rakyat Speaker to declare whether I need to vacate my seat or not," he said.
Bersatu's action in revoking his party membership, Syed Hussin said, will not affect his status as the MP for Bukit Gantang.
He claimed that this is explained in Article 49A(2) of the Constitution, which clearly states three types of actions by third parties that do not directly affect the status of an MP, including the dissolution or cancellation of the registration of his political party and the dismissal from party membership.
"Article 49A(2)(c) clearly states that my position as an MP did not end when Bersatu revoked my party membership and removed my name from the party membership list."
Syed Hussin also claimed that the amendment to the party constitution was made 'mala fide' and is unconstitutional as it contradicts the Federal Constitution.
"The validity of the amendment to the party constitution regarding the status of an MP is subject to the Federal Constitution, which is the supreme law of the country. Therefore, the amendment to the party constitution has no effect on my status as an MP."
Syed Hussin added that although he is now an independent MP, he will not waver from the principles and views he conveyed to Bersatu president Tan Sri Muhyiddin Yassin and other top party leaders.
He said Malay electorates who supported Bersatu and PN in the elections did so with the hope that the majority Malay votes would form the Federal Government to safeguard Malay rights as well as implement programmes and initiatives for the benefit of the Malay community.
"I believe that it is not too late for Bersatu and PN to temporarily set aside personal and party interests. Let us prioritize the interests of Malays and Muslims above all others.
"Let us unite in supporting Datuk Seri Anwar Ibrahim as the Prime Minister and ensure that the majority of Malay votes shift from the opposition bloc to the federal government, as this is the rightful position for Malays, who constitute the majority population in this country."
Yesterday, Hamzah announced that Bersatu has revoked the membership of six MPs who declared their support for Anwar, with immediate effect. The Opposition leader also stated that the party would promptly send notices of their expulsion from Bersatu.
Apart from Syed Hussin, the other MPs, who declared their support for Anwar, are Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Dr Zulkafperi Hanapi (Tanjong Karang) and Datuk Suhaili Abdul Rahman (Labuan).
