PUTRAJAYA: Parti Pribumi Bersatu Malaysia (Bersatu) failed in its appeal to obtain leave to initiate a judicial review to challenge Dewan Rakyat Speaker Tan Sri Johari Abdul’s decision not to declare vacant four parliamentary seats in Sabah, which were won by its former members during the last general election (GE).
Bersatu’s appeal was unanimously dismissed by the Court of Appeal three-member bench led by Justice Datuk Che Mohd Ruzima Ghazali, sitting with Justices Datuk Azizul Adnan and Dr Shahnaz Sulaiman today.
Delivering the unanimous decision, Justice Che Mohd Ruzima said the court found that the letter issued by the Speaker on Jan 16, 2023, which stated there was no occurrence of vacancy, was in exercise of his function to regulate the internal affairs of the Dewan Rakyat.
"Based on the Federal Court’s decision in Teng Chang Khim v Badrul Hisham Abdullah and Anor, we are of the view that the Speaker’s action is immune from challenge by virtue of Article 63 (1) of the Federal Constitution,” he said.
In the Teng Chang Khim case, the Federal Court held that the Speaker’s decision in deciding whether there is a casual vacancy in the legislature is an internal matter of the legislature and cannot be reviewed by the courts.
Justice Che Mohd Ruzima further ruled that the High Court was not plainly wrong in his decision to dismiss Bersatu’s application for leave.
"We find no merits in Bersatu’s appeal. We dismiss the appeal with no order as to cost,” he said.
The judicial review application was filed in 2023 by Bersatu vice-president Datuk Seri Dr Ronald Kiandee and Datuk Captain (Rtd) Muhammad Suhaimi Yahya, a public officer of the party.
They named five respondents: Johari, and four MPs - Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Jonathan Yasin (Ranau), and Datuk Matbali Musah (Sipitang).
Bersatu had sought to quash the Speaker’s decision, through the Jan 16, 2023 a letter which stated that the second to fifth respondents had clarified and confirmed that there was no vacant parliamentary seat based on the interpretation of the constitution of Gabungan Rakyat Sabah (GRS) and Bersatu.
Bersatu is also seeking a declaration that the four MPs had ceased to be members of the Dewan Rakyat in accordance with Article 49A of the Federal Constitution, as well as an order for Johari to confirm the four seats as vacant.
In November 2023, the High Court dismissed its leave application, prompting the party to appeal to the Court of Appeal.
In Monday’s (Aug 4) proceeding, lawyer Tan Sri Azhar Azizan Harun, representing Bersatu, argued that the Speaker’s task to establish the vacancy of seats is not covered by immunity under Article 63 (1) of the Federal Constitution.
This was countered by both senior federal counsel Ahmad Hanir Hambaly @ Arwi appearing for the Attorney-General’s Chambers and lawyer Datuk Firoz Hussein Jamaluddin, representing the second to fifth respondents, who submitted that the Speaker’s decision is immune from review by the courts as his decision was inextricably linked to the business of the House.- Bernama
