Datuk Armizan Ali
KOTA KINABALU (April 30): Papar Member of Parliament Datuk Armizan Ali is not surprised with Parti Pribumi Bersatu Malaysia’s (Bersatu) action of filing a judicial review to vacate four parliamentary seats in Sabah won by its former members during the last general election (GE).
Armizan, who is one of the four members of parliament named in the judicial review along with Dewan Rakyat Speaker Datuk Johari Abdul, described the move as an attempt to create problem for Parti Gagasan Rakyat Sabah (Gagasan Rakyat).
“I am not surprised because it is the action of those who do not want to see the movement of a local party in Sabah. It is also an effort to thwart Gagasan Rakyat which is moving in the direction of the rakyat’s wishes,” he said.
The Minister in the Prime Minister’s Department (Sabah, Sarawak Affairs and Special Duties) said that the four Sabahan members of parliament will seek legal advice after they receive either a letter or notice from the relevant quarters.
Last week Bersatu, through its vice president Datuk Seri Dr Ronald Kiandee and public officer Datuk Muhammad Suhaimi Yahya, filed the review at the High Court and named Johari, Datuk Armizan Mohd Ali, Khairul Firdaus Akbar Khan (Batu Sapi), Jonathan Yasin (Ranau), and Datuk Matbali Musah (Sipitang) as the respondents.
The four members of parliament won their seats in the 15th general election under the Gabungan Rakyat Sabah (GRS) ticket.
Armizan who was met at the Hari Raya Aidilfitri open house hosted by the state government here on Sunday when asked if Bersatu has the locus standi to challenge the decision of the four MPs to leave the party, opined that the question should be directed to Bersatu.
“Ask the party who brought this claim to court. Ask him (Ronald) why he contested on the Perikatan Nasional (PN) ticket. We (the four members of parliament involved) contested under the GRS ticket. Is it the same or different? I think there are no vacant seats and we have to respect the country’s judicial system.
“We have to obey and respect the decision of the Speaker on the matter,” he stressed.
Bersatu in its judicial reviewed claimed that Johari’s decision not to vacate the parliamentary seats of Papar, Batu Sapi, Ranau and Sipitang held by Armizan, Khairul Firdaus, Jonathan, and Matbali, respectively, was tainted with illegality.
The party claimed that the four ceased to be members of Bersatu after they were elected as members of the House of Representatives and further claimed that the four intended to change party allegiance to whichever party which had been granted the right to form the government.
The party claimed during the first parliamentary sitting after the GE, the four respondents sat on the government side of the House, which clearly evinced an intention to leave Bersatu.
It claimed the four were issued with Notice of Cessation on Dec 21, informing them that they each had ceased to be members of Bersatu.
“Subsequently, the party gave a written notice to Johari under Article 49A(3) of the Federal Constitution to inform him of the occurrence of a casual vacancy for the said constituencies. However, on Jan 16, this year, Johari established that there was no occurrence of vacancy based on the interpretation of GRS and PPBM constitutions,” it claimed.
The party claimed Johari’s decision was tainted with illegality, irrationality, ultra vires and abuse of discretionary power and ought to be quashed.
“There is no dispute that the four respondents were elected to the House of Representatives, and they had changed their political party from Bersatu to GRS. Johari erred in his decision when he established there was no occurrence of casual vacancy and his reasoning was that the four respondents were already GRS direct members.
“Johari has no jurisdiction or power to determine when a member of Bersatu has ceased to be a member. He (Johari) has exceeded his jurisdiction as his role is to administratively determine whether a casual vacancy has arisen and cannot substitute his decision to that of Bersatu,” claimed the party.
The party also claimed it was irrational to decide that the four respondents became direct members of GRS when they were still holding Bersatu membership during the last GE.
“They were only given the Notice of Cessation on Dec 21, 2022.
“Any purported explanation that the four respondents claimed to have made is without basis and justification in light of the public statements leading up to the parliamentary sitting on Dec 19,” the party claimed.
The party claimed Article 49A of the Federal Constitution was enacted to prevent members of parliament from switching parties that will affect political stability.
“However, GRS has exploited party-hopping to maintain political control/authority in both state and federal level.” The party is seeking a court order to quash Johari’s decision pursuant to its letter dated Jan 16 this year. The applicants are also seeking a declaration that the four respondents are no longer members of the House of Representatives, and their seats have become vacant,” it claimed.