No by-election in Jeli or Gua Musang
Media Statement
June 3, 2024 19:34 MYT
June 3, 2024 19:34 MYT
Technically, Zahari Kechik and Mohd Azizi Abu Naim were not elected to Dewan Rakyat as members of Bersatu or of Pas, and their seats cannot be vacated under 49A. - Pic for illustration purposes/BERNAMA
The Federal Constitution – Article 49A(1)
Article 49A (1) stipulates that ….“ a member of the House of Representatives shall cease to be a member of that House and his seat shall become vacant … if (a) having been elected to the House of Representative as a member of a political party —(i) he resigns as a member of the political party; or (ii) he ceases to be a member of the political party;…”
Bersatu’s Party Constitution – Fasal 10.4
Fasal 10.4 stipulates that “Mana-mana ahli Bersatu yang merupakan wakil rakyat di Dewan Rakyat atau Dewan Undangan Negeri atau Dewan Negeri yang melakukan ketidakpatuhan terhadap apa-apa arahan yang dikeluarkan oleh Majlis Pimpinan Tertinggi yang selari dengan Fasal 10.5 [apa-apa arahan khusus] adalah disifatkan sebagai terhenti keahliannya dari parti Bersatu secara serta-merta.
All seven cease to be members of Bersatu
Reading the above together, since Bersatu has ordered the six Members of Parliament and one assemblyperson to withdraw their support for PH’s Prime Minister and Chief Minister, but its instructions were disobeyed, then all seven cease to be members of Bersatu.
Five by-elections expected in July-August
The following four MPs were elected as members of Perikatan Nasional (PN) [as per Article 49A(1)]. As their PN membership was derived from Bersatu membership, they now cease to be PN members, and the Speakers – Tan Sri Johari Abdul and Ng Swee Lim -- should write to the Election Commission (EC) about their seat vacancy within 21 days receiving the notification from Bersatu:
1. Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang);
2. Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar);
3. Datuk Suhaili Abdul Rahman (Labuan);
4. Datuk Dr Zulkafperi Hanafi (Tanjong Karang); and one state assemblyperson
5. Datuk Abdul Rashid Asari (Selat Klang)
No seats vacated for Jeli and Gua Musang
Like all Bersatu candidates in Kelantan and Terengganu in GE15, these two parliamentarians contested and were elected on Pas’ ticket:
1. Zahari Kechik (Jeli);
2. Mohd Azizi Abu Naim (Gua Musang);
https://www.thestar.com.my/news/nation/2022/10/22/ge15-bersatu-candidates-in-kelantan- to-use-pas039-logo-says-muhyiddin
Technically, the duo were not elected to Dewan Rakyat as members of Bersatu or of PAS. Their seats cannot be vacated under 49A. Ironically, since they cease to be members of Bersatu, they are now free to join any political party, which they can also leave anytime without losing their seats.
Analysis by
Prof Wong Chin Huat, political scientist
* The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the position of Astro AWANI.