BERSATU amended it's Party Constitution to TRY TO DISQUALIFY their expelled MPs from remaining MPs?
ANTI-HOPPING LAW - the purpose of it is to protect VOTER or Constituent's RIGHTS - not Political Party Rights.
IT does not want Political Parties or its leadership to be able to use 'threats' of EXPULSION that will result in the Disqualification of MP-ship of any Member of Parliament(MP) who is a member of the party.
WHY? Because a Member of Parliament(MP) in Malaysia is the PEOPLES' Representative in Parliament, not the Political Party's representative in Parliament, and in the Malaysian elections today, we vote for the PERSON who is the Candidate, and not for the Political Party.
NOBODY wants a MP that simply follows what their Party or its leaders ORDER the MP to take the party position and VOTE as the party says - EVEN THOUGH when this is CONTRARY to the position and views of the majority of the people in that constituency, and maybe even contrary to what the MP personally believes to be in the BEST interest of the people he/she represents in Parliament.
THEREFORE, the Anti-Hopping law says that no MP will be disqualified as MP if he/she is EXPELLED from the Party. This re-affirms that Malaysia believes that a MP is the peoples' representative, not the representative of the political party he/she is a member. This is RIGHT.
BERSATU's actions is contrary to the FEDERAL CONSTITUTION if they did it solely to disqualify MPs. Neither a party's constitution or any other LAWS be able to contradict the Federal Constitution where the Ant--Hopping provisions are.
What BERSATU did was EXPEL its MPs from the party - so, no matter what their party Constitution says, these MPs will not be DISQUALIFIED as MPs - but will now become INDEPENDENT MPs in Parliament. However, if they JOIN any party as a member, then and then only will they be disqualified.
A MP only disqualified if he leaves his party or joins another party
However, if the MP leaves a political party or join another party on his own after he has been elected, then and then only will he be DISQUALIFIED as MP - and there will be a BY-ELECTION, where the so disqualified MP can contest too. The people in the Constituency will have to decide again, who they want for the peoples' representative - MP in Parliament or ADUN is State Assembly. Anti-Hopping law is to protect PEOPLEs' rights only.
WHY disqualified when an MP leaves a political party on his/her own? Simple, when a candidate stands as a candidate of a particular party - he REPRESENTS that he/she is also a person that supports the fundamental position/principles of the party, amongst others, including other values/principles he personally hold and believe in. Hence, when he/she leaves the party - there is a BREACH of that promise - maybe even a U-turn in representations made that got him/her elected. So, we ask the affected people again to be sure who they want to be their PEOPLES' Representative?
BERSATU sent notice to Speaker of Dewan Rakyat - what happens now?
A notice on the vacancies of six parliamentary seats held by rogue Bersatu members has been sent to the Dewan Rakyat Speaker’s Office, says Datuk Seri Dr Ronald Kiandee.
The Bersatu parliamentary whip said the notice regarding the Jeli, Gua Musang, Bukit Gantang, Kuala Kangsar, Tanjong Karang and Labuan seats was received by the Speaker’s Office yesterday.
Well, this is what may happen - the speaker WILL RE-ARRANGE the seating of these previous BERSATU MPs - Now, they will be considered INDEPENDENT MPs - that is all.
Will or can the Speaker DISQUALIFY these MPs pursuant to Anti-Hopping provisions in our Federal Constitution? NO, he won't and should not..
The right course is for BERSATU to take this matter to COURT and get the Court's decision - but until then the 6 ought to remain as MPs - active MPs.
If the Speaker now DISQUALIFIES the 6 as MPs, a GRAVE INJUSTICE happens to the people of the respective constituencies - for they CHOSE these MPs to be their Peoples' Representative in Parliament, and also a great injustice to these MPs. BEST let the Court decide if BERSATU wants them disqualified.
Hence, beside changing seating position, the Speaker should not disqualify these MPs, and maybe advice BERSATU to take the matter to court if still UNHAPPY.
Status quo be maintained until there is a Court decision. MPs affected remain MPs.
Alternatively or additionally, BERSATU can move for an amendment of the Federal Constitution provisions on anti-hopping laws - so that party expelled MPs will also be automatically disqualified as MPs.
Has BERSATU filed a motion or a private member's Bill to amend the Federal Constitution yet?
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.
Article 49A(2)(c) is CRYSTAL CLEAR -
(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— (c) the expulsion of his membership of his political party.
Hopefully, the Speaker does not make a mistake and say they are disqualified - Then problem arises...the MP's will be wrongly ousted from Parliament, and even if they later get a court decision saying the Speaker was wrong - GE16 may have come and gone, or if they had a by-election - some other MP may be 'illegally' occupying the said seat.
BEST SOLUTION - Speaker do not DISQUALIFY because Constitution clear that when a Party expels a member, the said MP will not be disqualified. ADVISE Bersatu to just go to court and get an order if they want. Then, Speaker acts based on the Court Order - it is safe.
PARTY Representatives -
In some countries, like Thailand, besides MPs who are people's representatives, there are also PARTY LIST candidates who become MPs - whereby the party sends a LIST of party candidates - and here we can say that these Party MPs, as the people chose the parties, and THEN the party candidates in the list will be the MP. For such Party MPs - there may be JUSTIFICATION that if the LEAVE or is EXPELLED from their political party, then they are AUTOMATICALLY disqualified as MPs.
Thailand have a 2-ballot system
Two-ballot system
Each voter will get two ballots:
1. Constituency vote to select the district MP
There are 400 seats representing the 400 districts. The candidate with the most votes for that district wins the seat.
2. Party-list vote to pick the preferred party on a national level
The 100 party-list seats are distributed proportionately, based on the percentage share of votes each party gets in this category.
But, this is NOT the case in Malaysia - where people at a particular Constituency vote for the CANDIDATE only - not the Party.
Maybe, Malaysia should also INTRODUCE Party List MPs.
Formula - Not taking into account the winner's vote in our Malaysian elections, the votes of all non-winning candidates are totaled up, and maybe 50 Party List MPs are picked??
There must be FEW Urgent Reforms - Malaysians want to know how their MPs voted > so, let every vote in Parliament - transparently show how each MP VOTED.
Now, Speaker is PREJUDICED by the number of MPs present - if there are MORE government party or supporting party MPs, the speaker assumes that ALL government party MPs voted in favour...
'VOICE VOTE" - must end - and Parliament need to be Transparent - and people deserve to know HOW their MP voted - in favor, oppose or maybe abstain...
So, what if my PH MP comes and tell people - no, he did not support although most of the party MPs voted in favour...or he says, he did not say anything because he did not agree..
Interestingly, after being expelled from UMNO, Anwar told lawyers that he OPPOSED the use of ISA during Operation Lalang, etc >> who is to believe that? We want proof.
Talking about MPs that have been EXPELLED by their parties - we have Anwar Ibrahim, and we also have Muhyidin Yasin when raised the !MDB issue - should they have been disqualified as MPs? I do not think so - BUT if they left their party on their OWN, then yes they must be DISQUALIFIED to give the people the right to decide again who they want as their peoples' representatives??
Why did the reporters ask Anwar Ibrahim about what will happen to the 6 former BERSATU MPs - Don't they know that Anwar has NO POWER in this matter - The power is with the Speaker? Or do the MEDIA and Malaysians think that the Speaker is just a 'mere puppet' who will do whatever Anwar tells him to do? MEDIA need to mature up and not ask wrong questions - hopefully, the question was just asking Anwar, what his OPINION is on the matter?
'Prime Minister Datuk Seri Anwar Ibrahim is leaving it to the Speaker of Dewan Rakyat Tan Sri Johari Abdul to decide on the status of the seat of six Bersatu Members of Parliament..' This 'leaving it to the Speaker' is MISLEADING - it may give the impression that Anwar has the power to determine the outcome, but he is leaving to the Speaker...
PM Anwar is the head of just the EXECUTIVE BRANCH of the Government
The Speakers is the head of the LEGISLATIVE BRANCH of Government
The JUDICIARY also got its own HEAD.
ANWAR IBRAHIM, as PRIME MINISTER can at any time be REMOVED as Prime Minister - the moment he loses the confidence of the majority of MPs..
The President of PKR or PH need not be the PRIME MINISTER - he can be any MP. A fact proven when Ismail Sabri(not the UMNO President or the BN Chair) was chosen by the majority of MPs to be Prime Minister..
Kiandee: Notice on six rogue Bersatu MPs sent to Speaker
- Nation
-
Friday, 21 Jun 2024
PETALING JAYA: A notice on the vacancies of six parliamentary seats held by rogue Bersatu members has been sent to the Dewan Rakyat Speaker’s Office, says Datuk Seri Dr Ronald Kiandee.
The Bersatu parliamentary whip said the notice regarding the Jeli, Gua Musang, Bukit Gantang, Kuala Kangsar, Tanjong Karang and Labuan seats was received by the Speaker’s Office yesterday.
“A precedent was set where the Nenggiri seat in the Kelantan state assembly was declared vacant by its Speaker in accordance with the state’s laws, which are aligned with the Federal Constitution.
“Hence, according to Article 49A of the Federal Constitution, the Speaker must confirm there is an unexpected vacancy within 21 days of receiving the notice,” Kiandee said in a statement yesterday.
He claimed that confirmation of the unexpected vacancies must be respected in line with Section 18C of the Societies Act, indicating that any decision by a registered political party is “final and conclusive”.
The Beluran MP is also confident that Speaker Tan Sri Johari Abdul would want to ensure that the legislative body is free of political influence while upholding the law.
“He has no choice but to declare the six parliamentary seats vacant and notify the Election Commission so that by-elections may commence,” Kiandee said.The Nenggiri seat, held by Mohd Azizi Abu Naim, was declared vacant by Kelantan state assembly Speaker Datuk Mohd Amar Nik Abdullah after the former lost his Bersatu membership.Mohd Azizi, who is also Gua Musang MP, had failed to respond to an official letter requiring him to pledge his loyalty to the party by May 31.
Although he won the Nenggiri seat under the PAS banner, Mohd Azizi held a Bersatu membership.
Aside from Mohd Azizi, Bersatu earlier in the month declared that five other MPs and a Selangor assemblyman also ceased being party members after failing to respond to letters requiring them to pledge loyalty to the party.
The representatives are Bukit Gantang MP Syed Abu Hussin Syed Abdul Fasal, Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Suhaili Abdul Rahman (Labuan), Datuk Dr Zulkafperi Hanafi (Tanjong Karang) and Selat Klang assemblyman Datuk Abdul Rashid Asari.
This comes after Bersatu successfully amended its constitution where party members will automatically cease to be members if they go against the party’s decisions, and its elected representatives must subsequently vacate their seats.
When contacted, a representative from the Dewan Rakyat Speaker’s Office confirmed having received the notice from Kiandee. - Star, 21/6/2024
Speaker has received notice on rogue Bersatu MPs, says Kiandee
The Bersatu veep says Johari Abdul has no choice but to declare the six seats vacant and inform the EC on the need for by-elections.
PETALING JAYA: Dewan Rakyat Speaker Johari Abdul’s office has been notified about six Bersatu MPs ceasing to be party members, says its chief whip, Ronald Kiandee.
Kiandee said the notice was submitted and received by the speaker’s office today.
He also said Johari now has no choice but to declare the six seats vacant and inform the Election Commission n the need for by-elections, as a precedent had been set by the Kelantan assembly speaker yesterday with the Nenggiri state seat.
“In line with paragraph three of Article 49A of the Federal Constitution, the speaker needs to ensure that the unexpected vacancies have occurred within 21 days of receiving the notice.
“The confirmation of these unexpected vacancies must be respected, especially since Section 18C of the Societies Act states that the decision of a political party on any matter relating to its affairs shall be ‘final and conclusive’.
“I am confident that Johari wants to ensure the legislature is free from partisan political influence by respecting the supremacy of the constitution and upholding the rule of law,” the Bersatu vice-president said in a statement.
FMT has reached out to Johari for comment.
Kiandee was referring to the six Bersatu MPs who have declared support for Prime Minister Anwar Ibrahim.
They are Azizi Abu Naim (Gua Musang), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Suhaili Abdul Rahman (Labuan).
Yesterday, Kelantan assembly speaker
Amar Abdullah declared the Nenggiri state seat held by Azizi vacant
after being notified by Bersatu that he had ceased to be a party member. - FMT, 20/6/2024
Let Dewan Rakyat Speaker decide on status of six Bersatu MPs, says PM Anwar
PETALING JAYA, June 21 — Prime Minister Datuk Seri Anwar Ibrahim is leaving it to the Speaker of Dewan Rakyat Tan Sri Johari Abdul to decide on the status of the seat of six Bersatu Members of Parliament whose party membership has ceased immediately.
“The question of six Bersatu seats (Members of Parliament) was referred to the Speaker of the Dewan Rakyat. Let the Speaker decide,” he said when met after performing Friday prayers at the Tun Abdul Aziz Mosque, here today.
Yesterday, Bersatu chief whip Datuk Seri Ronald Kiandee announced in a statement that the notification of the vacant seats of the six Bersatu MPs whose party membership had ceased immediately had been submitted and received by the Dewan Rakyat Speaker’s office.
The seats involve the
parliamentary constituencies of Jeli and Gua Musang in Kelantan, Bukit
Gantang and Kuala Kangsar in Perak, Tanjong Karang, Selangor and Labuan.
— Bernama, Malay Mail, 21/6/2024
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