KUALA LUMPUR - The decision by Dewan Rakyat Speaker Tan Sri Johari Abdul for six former Bersatu members to retain their seats after their party memberships were annulled is not unusual and was anticipated by many political observers, says an expert.
Senior Lecturer at the Faculty of Law and International Relations, Universiti Sultan Zainal Abidin (UniSZA), Dr Wan Rohila Ganti Wan Abdul Ghapar, said the decision was also a test for Malaysia's parliamentary democracy system and reflected the maturity of the Dewan Rakyat Speaker in interpreting the law.
"It shows how party leaders view the situation, whether they want to continue playing within the legal framework or in the political arena.
"...but what we see now is that they (Bersatu leaders) are not looking at this from the perspective of political stability but more from political interest," she said when appearing as a guest on the Ruang Bicara programme aired on Bernama TV yesterday.
Wan Rohila said that even if Bersatu were to challenge the decision in court, there was a possibility that the court would still side with the Dewan Rakyat Speaker.
"We also need to look at the Speaker's decision as it may serve as a guideline for state legislative assemblies in 13 states since each state assembly has its own Speaker and state enactments, and they would refer to the (Dewan Rakyat) Speaker's decision.
"Although there is no requirement for them (state assembly speakers) to follow the (Dewan Rakyat) Speaker's decision, this is where the capability and maturity of the Speaker are tested, and I see the Speaker's decision as an effort to not drag the Parliament backward, which would necessitate vacating seats for by-elections. The party's constitution is only the 'fingertip' in the eyes of the Federal Constitution and does not apply to it," she said.
Last week, Johari decided that six former Bersatu MPs who declared their support for Prime Minister Datuk Seri Anwar Ibrahim would not have to vacate their seats as Bersatu's recent constitutional amendments contravened the rights of MPs under the Federal Constitution and Parliamentary privileges accorded to them.
The six MPs involved in the issue are Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Datuk Dr Suhaili Abdul Rahman (Labuan), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Datuk Dr Zulkafperi Hanapi (Tanjong Karang). - BERNAMA