Johari defended the decision not to vacate the 6 seats of former Bersatu MPs

KUALA LUMPUR: Despite receiving criticism and pressure from several Perikatan Nasional (PN) Members of Parliament regarding the decision not to vacate the seats held by six former Bersatu representatives, the Speaker of the Dewan Rakyat, Tan Sri Johari Abdul, remained in defense of his actions.

Berita Harian reported, explaining that in the Dewan Rakyat this afternoon, Johari said the decision was upheld after conducting an ‘investigation’ including reading all the statements related to Article 49A of the Federal Constitution.

“I am not a postman, if I receive anything that has been given to me, as mentioned by (YB) Beluran (Datuk Seri Ronald Kiandee), I will be sure… I will be sure… I will study everything, I will read all the statements in the amendment made on Article 49 (Federal Constitution).

“So I made a decision, the decision remains as informed to Beluran that the vacancy did not occur,” he said in the Dewan Rakyat.

Earlier, Ronald who is also the Bersatu Chief Whip raised Johari’s decision in accordance with Meeting Rule 99 during the debate session on the Child Witness Evidence (Amendment) Bill 2024.

He wanted to get information and advice from Johari regarding the decision made in the letter sent yesterday.

Ronald said he got up not to dispute the decision but wanted to demand an explanation of how to interpret Article 49(a) of the Federal Constitution because he claimed the Speaker did not have the authority to do so.

“The Federal Constitution in Article 49(a) does not empower Tan Sri (Speaker) other than to ensure vacancies and not to make decisions.

“But in the two messenger letters that I received from Tan Sri, it is clear that Tan Sri made decisions and even Tan Sri interpreted the Federal Constitution.

“These two (decisions contained in the letter) go beyond Tan Sri’s authority under Article 49(a) of the Federal Constitution because in Article 49(3), Tan Sri is only empowered to ensure vacancies and not to make decisions,” he said.

Perikatan Nasional (PN) Chief Whip, Datuk Seri Takiyuddin Hassan, said that according to the Federal Constitution, the power to interpret the Constitution and any association or organization’s constitution is the jurisdiction of the Federal Court.

He also referred to the explanation given by the Legal Affairs Division (BHEUU) regarding the actions of not following the party’s decision, causing Bersatu members to cease membership based on the party’s constitution.

“Then the members are considered to have changed parties and need to vacate their seats.

“Another example, if a member of the Dewan Rakyat has principles contrary to the party’s principles and causes his membership to be dropped due to the party’s constitution (then) he ceases to be a member and has to change his seat,” he said.

The Leader of the Opposition, Datuk Seri Hamzah Zainudin, supported the decision of the Speaker of the Kelantan State Legislative Assembly (DUN) to declare a vacancy in the Nenggiri state assembly.

He also claimed that the decision of the Speaker of the House of Representatives will cause problems in the future.

“The Speaker of Kelantan (behaved) rightly decided there was a vacancy. Then (the representative) wanted to fight me in court that I did not stop their membership. That is the Speaker’s way. That is the certainty that must be followed in the constitution.

“I ask Tan Sri to understand, Tan Sri’s decision was the wrong decision…. The Speaker has to be ‘non-partisan’,” he said, who then left the House, followed by all the opposition MPs without waiting for Johari’s explanation.

Yesterday, Bersatu President, Tan Sri Muhyiddin Yassin, said the party received a notification letter dated July 9 from Johari that six former Bersatu Members of Parliament who had previously declared their support for the Prime Minister, Datuk Seri Anwar Ibrahim remained as representatives.

Six Members of Parliament who were retained as representatives of the people despite their membership being dropped from Bersatu are Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Datuk Dr Suhaili Abdul Rahman (Labuan), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Datuk Dr Zulkafperi Hanapi (Tanjong Karang).