KUALA LUMPUR: The fate of six Bersatu MPs and their seats remains a grey area despite the party getting the nod to revoke the membership of those who go against the party stand, says a political analyst.
“It is still a grey area because the amendments to Bersatu’s constitution came after the general election,” said Prof Datuk Dr Sivamurugan Pandian of Universiti Sains Malaysia.
He said these MPs had remained as Bersatu members and no disciplinary action was taken against them when they expressed their support for the Prime Minister.
Prof Sivamurugan said it could be a long process before the matter is finally resolved.
“The interpretation now stands with the Speaker of the Dewan Rakyat. Legally, it might take a longer time to decide, but morally the impact will be on all parties involved as it will seem that politicking has not ended since the 15th General Election (in 2022),” he said.
On Tuesday, the Registrar of Societies (ROS) approved Bersatu’s application to amend its constitution, which was aimed at preventing its members from switching sides.
The application came about as the party wanted to prevent MPs or state assemblymen from switching allegiance and declaring support for rival parties.
A Bersatu special general assembly was held on March 2, in which the party adopted the amendment as it sought to automatically revoke the membership of MPs and state assemblymen who backed their rival parties.
Last year, the Bersatu MPs representing Bukit Gantang, Gua Musang, Tanjong Karang, Jeli, Kuala Kangsar and Labuan made known their backing for the unity government.
Labuan MP Datuk Suhaili Abdul Rahman had previously asserted that the amendment to Bersatu’s constitution would not be applicable to the six MPs as the law could not be retrospective.
Last month, Bersatu’s Selat Klang assemblyman Datuk Abdul Rashid Asari pledged his support for Selangor Mentri Besar Datuk Seri Amirudin Shari.
Legal expert Prof Dr Muhammad Fathi Yusof, when contacted yesterday, said the six MPs who expressed their support for the Prime Minister are bound by the newly-approved amendments.
The Perdana Policy Centre, Razak Faculty of Technology and Informatics, Universiti Teknologi Malaysia lecturer said these MPs would be affected by the amendment which took effect on April 1.
“In other words, they will likely lose their parliamentary seats as they did not adhere to the orders of their party.
“So, if they remain in their stand to support the Prime Minister, they are considered to be breaching their party rules,” he said.
Constitutional and administrative law lecturer Prof Dr Nik Ahmad Kamal Nik Mahmood said that any actions that are considered as going against the interest of the party would affect these elected representatives.
“Of course, we can look at the retrospective issue as an alternative argument, but they are still members of the party,” he said.
Asked if their seats would be automatically vacated, he said the Speaker of the Dewan Rakyat would have to deliberate on the matter if it was raised by the party.
“Bersatu can file a motion that the six MPs had breached the party constitution and they can raise this with the Speaker.
“The Speaker may decide on whether that amounts to their seats being vacated,” he said.
Dewan Rakyat Speaker Tan Sri Johari Abdul had earlier said the situation would remain as normal in the Dewan Rakyat for these six MPs for the time being.
He said that a decision about their seats would only be made after the matter had been fully resolved, saying that this could take “a day, weeks, months or even years” if it is brought to court.
