Syed Saddiq Syed Abdul Rahman contested in GE15 as a Pakatan Harapan candidate, and as such he was '...elected to the House of Representatives as a member of a political party...' - Pakatan Harapan.
Interestingly, MUDA is still not a member of Pakatan Harapan, although they have been applying to join Pakatan Harapan. MUDA was registered as an official political party amidst much hassles after its registration approval was notified via an email followed by an official letter by the ROS on 23 December 2021.
A perusal of Malaysian Parliament's record, it still shows that Syed Saddiq is a Pakatan Harapan MP >> not a MUDA MP? Hence MUDA does not have a Parliamentary seat.
Ahli Parlimen
Maklumat Ahli Parlimen
Nama YB Tuan Syed Saddiq Bin Syed Abdul Rahman Parti PH Tempat Duduk D-7 Parlimen P146 Kawasan Muar Negeri Johor No. Telefon - No. Faks - syedsaddiq92@gmail.com Alamat Surat-menyurat Pusat Khidmat Ahli Parlimen Muar, G-6, No.1, Lot 3352, Jalan Abdul Rahman, 84000 Muar, Johor
Pakatan Harapan, I believe, is a registered Political Party - if not, it will not be allowed to contest using its own LOGO and Parliament would not be calling them PH MPs.
As such, if Syed Saddiq leaves Pakatan Harapan - then the Anti-Hopping Law applies. If Pakatan Harapan EXPELS Syed Saddiq, then he will remain an MP - possibly as an Independent MP only.
ISSUES:- MUDA was a registered party before GE15, but it's application to join PH > So, when he contested the last GE, he contested not as a MUDA candidate but a PH candidate, is this possible? Can someone be a member of 2 political parties? When this MUDA President stood for GE15, PH apparently did not demand him to join one of the PH parties. Time passed, and PH did not object to Syed Saddiq speaking as MUDA President.
Anyway, Syed Saddiq stood for elections as a PH candidate, not a MUDA candidate - and MUDA does not have any Parliamentary seat.
Hence, what is the effect of Syed Saddiq, as President of MUDA, stating that MUDA is quitting the Unity Government > he did not say that MUDA is quitting(or withdrawing its support from) PH. Quitting the Unity Government is a non-issue - but quitting PH may be.
Did MP Syed Saddiq say he was quitting as a PH MP - it he did, then Anti-Hopping laws come in, and as such he will be disqualified and there will be a by-elections.
At the moment, it is unclear as to whether Syed Saddiq quit as a PH MP or not?
However, if PH first EXPELS Syed Saddiq, then he will remain as MP.
Should the Speaker or Parliament decide on this? OR should it be a question for the Courts?
Maybe, if Syed Saddiq goes to court for a determination of his status, and whether and how the Anti-Hopping provisions apply, whilst applying for Stay or Injunction preventing Parliament/Speaker disqualifying him or making any other decision >> then, maybe Syed Saddiq may remain MP until Court decides >>> This is merely my opinion.
As mentioned earlier, PH has the power, so if PH decides to EXPEL Syed Saddiq, then he remains the MP of MUAR.
All the 'Unity Government' needs to govern is simple majority, which is all that is required to pass any laws in Parliament including Financial Bills.
A two-third majority is needed only when the Federal Constitution is to be amended. It is MOST DANGEROUS for any single party to have a 'super majority' or two-thirds majority - as we do not want the Federal Constitution to be easily amended. Mind you, Opposition MPs will also support ANY GOOD Constitution Amendment or laws - they usually oppose smartly things considered bad for Malaysia and its people..they do not oppose all proposed laws, do they?
49A Change of a member's political party, etc. (Federal Constitution)
(1) Subject to the provisions of this Article, a member of the House of Representatives shall cease to be a member of that House and his seat shall become vacant immediately on a date a casual vacancy is established by the Speaker under Clause (3) if—
(a) having been elected to the House of Representatives 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; or
(b) having been elected to the House of Representatives otherwise than as a member of a political party, he joins a political party as a member.
(2) A member of the House of Representatives shall not cease to be a member of that House pursuant to this Article only by reason of—
(a) the dissolution or cancellation of the registration of his political party;
(b) his resignation from the membership of his political party upon election as a Speaker; or
(c) the expulsion of his membership of his political party.
The Malaysian United Democratic Alliance(MUDA), since its formation have not stood out as a Party, deserving public support. It always wanted to join Pakatan Harapan(PH), and also the 'unity government'.
Maybe, it is time for MUDA to 'break free' and become a party that Malaysians may consider voting in the next elections.
Syed Saddiq takes Muda out of unity govt, forms ‘third force’
The Muar MP said the conditional discharge granted to Ahmad Zahid Hamidi had made it difficult for Muda to continue supporting the government.
PETALING JAYA: Muar MP and Muda president Syed Saddiq Syed Abdul Rahman has dropped out of the unity government after publicly expressing dissatisfaction with the abrupt halt of deputy prime minister Ahmad Zahid Hamidi’s trial on corruption charges.
Syed Saddiq said his party, which has one seat in the Dewan Rakyat, would form a “third force” in the opposition bloc “as the voice of the rakyat” and to provide check and balance.
“The road will be long and lonely, but worth it because Malaysia will always come first,” he said today in a video clip announcing the decision.
Muda’s exit leaves the ruling coalition with 147 seats in Dewan Rakyat, one seat short of a two-thirds majority – just a day after Pakatan Harapan retained the supermajority by winning the Pulai seat in Johor in a by-election.
The Muda decision also comes on the eve of a special session of Parliament beginning tomorrow for the mid-term review of the 12th Malaysia Plan.
He said the decision to grant Zahid a conditional discharge had made it difficult for Muda to remain with the government bloc. “I will never allow Malaysia to normalise corruption,” he said, and Muda would continue to support all efforts at institutional reform.
Earlier today, a Muda division leader, who requested anonymity, had told FMT that the party would not negotiate any further and would exit the ruling coalition.
Muda secretary-general Amir Hadi had also told FMT on Tuesday that the party might consider leaving after Zahid’s discharge brought to a halt a four-year-long trial on 47 charges involving embezzlement, abuse of power and bribery.
Leaders from unity government parties, such as Umno Supreme Council member Puad Zarkashi, responded by challenging Muda to quit the unity government if it was brave enough.
Muda holds one seat in the Dewan Rakyat through Syed Saddiq, who has represented Muar since 2018, while the opposition comprises Perikatan Nasional, with 74 seats through PAS (43) and Bersatu (31).
Syed Saddiq was elected on a PH ticket while a member of Bersatu, which was then part of the coalition. He left Bersatu after it left PH, causing the fall of the PH government led by Dr Mahathir Mohamad, and set up Muda.
At the general election last November, he was re-elected as a Muda candidate by a narrow majority of 1,345 votes against challengers from Perikatan Nasional and Barisan Nasional.
Earlier today, DAP secretary-general Loke Siew Fook, in
urging Muda to make a decision on the party’s role, reminded Syed Saddiq
that he was only able to retain the Muar seat because PH agreed to step
aside and support him. - FMT, 10/9/2023
Quit your Muar seat for by-election, Syed Saddiq told
Two MPs from Pakatan Harapan question Syed Saddiq’s decision to end support for the government, leaving it a seat short of a two-thirds majority.
PETALING JAYA: Muda president Syed Saddiq Syed Abdul Rahman has been challenged to vacate his parliamentary seat and force a by-election, following Muda’s decision to end support for the unity government.
The decision left the government without a two-thirds majority in the Dewan Rakyat, just a day after Pakatan Harapan had restored the supermajority by winning the Pulai parliamentary seat in a by-election.l
RSN Rayer of DAP who is MP for Jelutong, said the loss of the two-thirds majority due to Muda’s exit would hurt efforts to carry out legal and political reforms that require constitutional amendments.
He expressed disappointment that Muda had left the day after the Pulai success. “Why are they doing it now after the people of Johor have shown us that they want a stable (unity) government?” Rayer said.
Another MP from Pakatan Harapan, R Yuneswaran of PKR, said Syed Saddiq must vacate the Muar seat because he had won by partnering with PH.
“Muar folks voted for him simply because he was with PH, and PH voters will be very disappointed with him now,” Yuneswaran told FMT.
Yuneswaran, who is MP for Segamat, said PH would want to have a by-election in Muar.
However, Pasir Gudang MP Hassan Karim, also of PKR, said that he respected Muda’s decision and conveyed his good wishes to Syed Saddiq and the party.
“It is a good development if Muda wants to build a ‘third force’ in Malaysian politics by giving healthy competition to the PH-BN alliance and Perikatan Nasional.
“A third force that comprises Muda and Parti Sosialis Malaysia is a healthy development in Malaysian politics that would give wider options to Malaysians,” said Hassan.
Muda has one seat in the 222-member Dewan Rakyat through Syed Saddiq.
He had first been elected in 2018 on a PH ticket as a member of Bersatu which was then in the coalition. He formed Muda after Bersatu left PH in 2020, causing the fall of the PH government led by Dr Mahathir Mohamad.
Syed Saddiq narrowly won re-election in 2022 as a Muda candidate, against challengers from PN and BN, when PH decided not to contest the seat.
After the elections, PH and BN formed the unity government in an alliance with East Malaysian parties and currently holds 147 seats in the Dewan Rakyat, one short of a two-thirds majority.
As an ally of the coalition, Muda had provided support for confidence and supply measures.
The opposition comprises PN with 74 seats through PAS (43) and Bersatu (31).
Syed Saddiq, who announced earlier today that Muda was leaving the government bloc, said he had informed the Speaker of the Dewan Rakyat. The Speaker will decide where Syed Saddiq will now be seated.
The Dewan Rakyat is meeting in special session from tomorrow for the mid-term review of the 12th Malaysia Plan.- FMT, 10/9/2023
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