KUALA LUMPUR - The decision not to declare vacant the six parliamentary seats held by former Bersatu members was made after every aspect of the matter was thoroughly studied, Dewan Rakyat Speaker Tan Sri Johari Abdul clarified.
He said he was not a postman who just takes and brings letters to other persons, and in this case, to just declare the unexpected seat vacancies based on Bersatu’s notice concerning the six lawmakers who have been stripped of their party membership.
Johari said had also given his explanation to stick to the decision in a letter dated July 9 sent to Bersatu Chief Whip Datuk Seri Ronald Kiandee, who is also Beluran Member of Parliament (MP).
"I want to make it clear that I am not a postman. When I receive something, (a notice) like the one mentioned by Beluran MP, I will make sure that I study all the aspects involved.
"And I made the decision, and my decision remains as I informed the Beluran MP, that there are no seat vacancies,” he said.
In his letter to Kiandee on his decision relating to Bersatu’s notice, Johari said that the directives under Clause 10.5 of the Bersatu Constitution are contrary to the Federal Constitution.
In fact, he said the party constitution denies the rights of the MPs as enshrined in the Federal Constitution, the Dewan Rakyat Standing Orders and the Houses of Parliament (Privileges and Powers) Act 1952.
Regarding the decision not to declare the Labuan seat vacant, Johari, in a separate letter, stated that he did not want to prejudice the interests of the parties involved in the ongoing court case, as the Labuan MP Datuk Dr Suhaili Abdul Rahman has filed a lawsuit against Bersatu in the Shah Alam High Court.
Apart from Suhaili, the other five MPs were Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Datuk Dr Zulkafperi Hanapi (Tanjong Karang).
Earlier, Kiandee raised the Standing Order 99 of the Dewan Rakyat to seek clarification from Johari regarding his decision on the parliamentary seats involving the former Bersatu MPs who pledged support to Prime Minister Datuk Seri Anwar Ibrahim.
Opposition Leader Datuk Seri Hamzah Zainudin (PN-Larut) also disputed the decision, saying that the party membership status of the six MPs was subject to the party and not the Speaker.
"Just let them (six MPs) fight us (Bersatu) in court...on whether or not they are still Bersatu members. It is not your (Speaker) duty to say "it is my duty"," Hamzah said.
Meanwhile, RSN Rayer (PH-Jelutong) defended Johari's decision, saying that Bersatu's constitutional amendment should not be used retrospectively.
"The Speaker has made the right decision based on two main things; the party's constitutional amendment was made after the General Election, and the amendment made to the Federal Constitution.
"The decision has been made and should not be challenged as the Speaker has taken in account Bersatu's constitutional amendment which was made after the General Election and after the six individuals pledged their support to Tambun MP (Anwar).
"The party's constitutional amendment was not done sincerely as they (Bersatu) were just trying to punish the six individuals after they pledged their support to Tambun MP," he said. - BERNAMA