‘Perverse interpretation’ of constitution, Muhyiddin says after Johari allows 6 MPs to keep seats

Bersatu president’s claims came after he received one letter on Labuan, another on 5 other constituencies from Dewan Rakyat Speaker explaining his decision to allow now-independent MPs to keep their seats

Bersatu president Tan Sri Muhyiddin Yassin has accused Dewan Rakyat Speaker Tan Sri Johari Abdul of “tarnishing” the Federal Constitution by not vacating the seats held by six MPs sacked by the party. – Alif Omar/Scoop file pic, July 10, 2024

KUALA LUMPUR – Bersatu president Tan Sri Muhyiddin Yassin (Pagoh-PN) has accused Dewan Rakyat Speaker Tan Sri Johari Abdul of “tarnishing” the Federal Constitution by not vacating the seats held by six lawmakers sacked by the party.

Muhyiddin’s claims came after Bersatu received two letters – one on Labuan and one on the other 5 constituencies – yesterday from Johari explaining his decision to allow the now-independent MPs to keep their seats.

“The speaker’s decision is disappointing, as it clearly contradicts the written and implied provisions of Article 49A(3) of the Federal Constitution,” he told a press conference at Parliament lobby today.

“His decision, by giving superficial reasons and perverse interpretation, showed that he had tarnished the constitution, when he had vowed to uphold and defend.”

Muhyiddin said Bersatu appointed legal experts to take appropriate action to uphold the law and the party constitution, adding that the party is considering taking this case to court.

He added that Article 49A(1)(a)(ii) of the Federal Constitution stated that a lawmaker’s seat must be vacated if they are no longer members of a political party, and reiterated that the six MPs ceased to be Bersatu members.

Citing Section 18C of the Societies Act 1966, Muhyiddin said the decision to sack the six lawmakers “cannot be challenged, appealed, reviewed, rescinded, or questioned”.

He added that Johari had acted outside his jurisdiction by making a “perverse interpretation”, as only the court can interpret the Federal Constitution, and that his explanation about the Labuan seat was “frivolous”.

Muhyiddin also dredged up a comment by Johari in Parliament on July 27, 2022, who said “this (anti-hopping law) is the only law that can prevent us from further destroying the nation” when debating amendments to the constitution to prevent MPs from party-hopping. 

Previously, Bersatu whip Datuk Seri Ronald Kiandee (Beluran-PN) said that a notice of seat vacancies was sent and accepted by the Dewan Rakyat speaker’s office on June 20.

The party issued the notice after the six lawmakers had their memberships revoked when they declared support for Prime Minister Datuk Seri Anwar Ibrahim.

The six lawmakers involved are Datuk Syed Abu Hussin Hafiz Syed Abdul (Bukit Gantang), Datuk Suhaili Abdul Rahman (Labuan), Mohd Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Datuk Zulkafperi Hanafi (Tg Karang). – July 10, 2024