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KOTA KINABALU – The departure of the Sabah Bersatu lawmakers from the party yesterday is now in question, especially its four MPs, as it could be in conflict with the anti-party hopping law.

Sabah Law Society president Roger Chin told The Vibes that this could possibly trigger vacancies for seats the four Sabah Bersatu MPs had won in the 15th general election under the Gabungan Rakyat Sabah (GRS) ticket.

However, Chin said that the current law – the new Article 49A of the federal constitution – has insufficient details to determine if the four seats will be affected, as the words “political party” may or may not also imply coalitions such as GRS.

According to Article 49A, a member of the Dewan Rakyat shall cease to be a member of that House, and the seat shall become vacant immediately on a date a casual vacancy is established by the speaker under Clause (3) if:

(a) having been elected to the Dewan Rakyat as a member of a political party,
(i) he resigns as a member of the political party; or,
(ii) he ceases to be a member of the political party; or,
(b) having been elected to the Dewan Rakyat otherwise than as a member of a political party, he joins a political party as a member.

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Must ‘Bersatu 4’ quit seats? Yes says ex-minister, no says lawyer

[Image: Wan-Junaidi-Tuanku-Jaafar-Fuad-Tengku-Ahmad-FMT.jpg]

PETALING JAYA: Four MPs among Sabah Bersatu leaders said to have left the party must vacate their seats in the Dewan Rakyat if their resignations are accepted, says a former law minister – but a constitutional lawyer says otherwise.

Wan Junaidi Tuanku Jaafar, who was law minister before the general election, said by-elections would be necessary under the anti-hopping law, which was drafted by a parliamentary committee which he headed.

His view was in contrast to that of constitutional lawyer Fuad Tengku Ahmad who said the four MPs had contested last month’s general election as candidates of Gabungan Rakyat Sabah (GRS) and not as candidates of Perikatan Nasional or Bersatu.

“Therefore, there is no breach of the constitution since the four MPs were elected under GRS,” he said.

The four newly-elected MPs are Armizan Ali (Papar), Khairul Firdaus Akhbar Khan (Batu Sapi), Jonathan Yasin (Ranau) and Matbali Musah (Sipitang).

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Are these Sabah MPs disqualified? Law experts weigh in on GRS exodus from Bersatu and the anti-party hopping law

KUALA LUMPUR, Dec 12 — There has been great buzz over the weekend surrounding Sabah Chief Minister Datuk Hajiji Noor’s announcement of a mass exodus of lawmakers at both state and federal level from Bersatu, spurring speculations on whether or not another election would be called before the dust has even settled down from the November 19 national polls.

To clear the air on this matter, Malay Mail spoke to law experts familiar with Malaysia’s Constitution, including the newest legislation to prevent party jumping.

No violation of Article 49A

According to Sabah-based constitutional lawyer Datuk Tengku Fuad Tengku Ahmad, there has been no violation of Article 49A of the Federal Constitution, better known as the anti-party hopping law provision.

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