On June 27th last month as a pre-cursor to the Sungai Bakap by-election and to psyche voters, PAS member and Chairman of Muafakat Nasional, Annuar Musa predicted 11 BN MPs will "jump ship" by offering support to Muhyiddin should Parliament Speaker Johari Abdul not declare the 6 sacked PPBM MPs' seats as vacant.
This is not the first time Annuar have been crying wolf with the same theme to psyche supporting UMNO members. He made such prediction for August 4th and September 4th 2023, in which on both occasion it did not happen.
No harm trying Annuar.
He was immediately rebuked by Zahid's Political Secretary Razlan. And UMNO Secretary General, Asyraf Wajidi doubt any MP would dare.
Apparently, Dewan Rakyat Speaker, Johari Abdul have made a decision that the six seats are not vacate and PPBM has given a press statement of protest. Muhyiddin gave his selective legal argument for sacked MPs as technically party hoppedargument for sacked MPs as technically party hopped.
Though in contrary to PAS's Kelantan assembly Speaker Nik Amar, who declared the Nenggiri state assembly seat as vacant, Johari chose to stick by the constitution and ignore PPBM amendment to their party constitution.
Now that Johari has "thrown down the gauntlet", will Annuar be able to convince the 11 BN MPs do so?
Spirit or letter of the law?
PKR's own backbencher from Pasir Gudang, Hassan Karim strongly viewed the Speaker's decision disrespect Parliament and is in contravention with the spirit of the anti-hopping law i.e. Article 49A of the Federal Constitution.
Malaysiakini's opinion piece by Zikri Kamarulzaman was on the same note with a bit more drama to raise the concern this decision will open the floodgate for government MP to revolt.
FBer, podcaster, writer and lawyer Liyana Marzuki saw through the intent of PN's poorly drafted anti party hopping law. She clarified being sacked by the party is not considered as party hopping and constitution maintain the freedom for MPs to support a cause including not of his/her party.
One should also refer to Sarawak's PKR podster Iswardy Morni who had long predicted Johari's decision and now lay claim to have suggested to the Speaker that he need not announce the vacancy.
Hear him from 36:00, below:
Iswardy went specific into constitution clauses stating being sacked by the party does not constitute party hopping.
He also blamed Muhyiddin for intentionally leaving a loophole in the party hopping law to be taken advantage off and it backfired on his party. Hanipa Maidin revealed in November last year that Hamzah and Takiyuddin disagreed for the Parliamentary Technical Commitee to draft an air tight anti party hopping law.
So be it ...?
On the possibility of 11 BN MPs turn to support Muhyiddin, just like Asyraf, Iswardy is of the view the number is not sufficient to change the government. MPs will not dare risk of not being nominated again as candidate.
Hishamuddin who is a suspect to be involve and orchestrate such move, have publicly said (hear his Tik Tok here) he is staying put in UMNO, presumably to fight from within.
Sarawak GPS will not likely be involved in any such political stunts. Under Anwar, they have been getting more concessions to raise their autonomy.
However, politicians' motivation can be unpredictable. If it is to happen, so be it. Without an economic plan, its easier to recapture for GE16.
This blog had written sometime ago of the remote possibility of a "hack the roof" move involving MCA, MIC, Sabah state opposition Warisan and GPS switching support.
Well, the rumoured conspiracy claimed Hamzah Zainuddin brokered the deal upon securing a royal consent and the date is September. Ha ha ha ... Annuar Musa's favourite month. 😁
The problem with the conspiracy theory is that it claimed Anwar Ibrahim will be offered to remain as Prime Minister with the condition he distance DAP from the new government coalition.
The Chinese voters may have sent a new message but it is not possible. PKR sank and swam with DAP all this while. And, Zahid is still bitter with PN and Hadi faction in PAS will not tolerate Zahid and Anwar.
Contrary to the prejudice of certain opinion leaders within UMNO, GRS of Sabah is not an extension of PPBM. In fact, they had a clash with Muhyiddin's ego. Furthermore, PAS's green wave is not acceptable to Sabah and Sarawak.
Expect the issue to be brought to court and Nenggiri's by-election will eventually be nullified as happened in a 1991 precedent in Kelantan court.
Muhyiddin argued using Section 49a (1) of the Federal Constitution, but conveniently ignore Section 49a(2).
Ah! That's propaganda in the most simplest form. But in court, its not so simple and both sides can lay out their facts to the judge.
Probably, one issue raised will be whether the judicial branch of government has the right to interfere in the parliamentary branch of government. Same like court was uninterested to preside on the matter of the Rulers in the Addendum order.
By the time both sides are over going in and out of the court room, it is already GE16 and Mahathir is a centurion if he remain alive. By then, there is no necessasity to vacate and fill it up the vacancy.
FMT report on Johari Abdul's decision:
No need for ‘Bersatu 6’ to vacate seats?
Nora Mahpar - 10 Jul 2024, 02:52 PM
FMT understands that the decision was made by Dewan Rakyat Speaker Johari Abdul.
(Top to bottom, left to right) The six MPs from Bersatu who recently ceased to be members of the party: Iskandar Dzulkarnain Abdul Khalid, Suhaili Abdul Rahman, Azizi Abu Naim, Zahari Kechik, Syed Abu Hussin Hafiz Syed Abdul Fasal and Dr Zulkafperi Hanapi.
PETALING JAYA: The six MPs who recently ceased to be members of Bersatu will not need to vacate their seats, FMT has been made to understand.
FMT understands that the decision by Dewan Rakyat Speaker Johari Abdul was communicated through email to Bersatu’s chief whip, Ronald Kiandee.
Johari also sent the Beluran MP a text message on the matter.
When contacted, Kiandee did not confirm or deny the matter but said that a press conference would be held by Bersatu president Muhyiddin Yassin at 3pm.
A source from Bersatu meanwhile said Johari had decided against having the six MPs vacate their seats to preserve “stability in Parliament”.
The six MPs are Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Azizi Abu Naim (Gua Musang), Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Suhaili Abdul Rahman (Labuan).
Bersatu said last month that they had ceased to be members after failing to respond to a notice to confirm their loyalty.
This led to Kelantan state assembly speaker Amar Abdullah declaring the Nenggiri seat, which is held by Azizi, vacant.
The Election Commission has since fixed Aug 17 for the Nenggiri by-election.
Johari explains decision
In a letter to Bersatu vice-president Kiandee yesterday, Johari said Bersatu’s decision to terminate Syed Abu Hussin, Azizi, Zulkafperi, Zahari and Iskandar’s membership went against the Federal Constitution, the Dewan Rakyat’s standing order, and the Houses of Parliament (Privileges and Powers) Act 1952.
“All three legislation have guaranteed privileges (such as the) freedom of speech, debate and voting to MPs.
Therefore, I find that there is no vacancy of seats under Article 49A(1) of the Federal Constitution,” said Johari.
Bersatu terminated the six MPs’ membership on June 12 after issuing notices to the five MPs for violating Clause 10.4 of its constitution and Suhaili for breaching Clause 10.2.6.
Clause 10.4 of Bersatu’s constitution stipulates that any Bersatu members holding positions in the Dewan Rakyat or state legislative assemblies who fail to adhere to directives issued by the party’s Supreme Council, as outlined in Clause 10.5, shall have their Bersatu membership terminated immediately.
Clause 10.5 empowers the Bersatu Supreme Council to issue written directives to any or all of its Dewan Rakyat or state legislative assembly members.
Suhaili’s Bersatu membership was terminated based on Clause 10.2.6 of the party constitution, which states that a party member will have his or her membership revoked if he or she brings any party matter or anything concerning party membership to court.
Suhaili had filed a suit against Bersatu last year for suspending him from the party for six years after he expressed support for Anwar.
“Because this case is currently under the court’s consideration, I do not wish to jeopardise the interests of the parties involved in the court proceedings with my decision.
“Therefore, I find that there is no vacancy of seats under Article 49A(1) of the Federal Constitution,” said Johari.
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