Court won’t ‘interfere’ with Penang assembly’s motion to vacate reps’ seats

KUALA LUMPUR – Four Penang assemblymen have failed in their bid to obtain an interim injunction to stop the state assembly from vacating their seats.

Free Malaysia Today reported the decision by the Penang high court, where judicial commissioner Azizan Arshad said the courts cannot interfere with how Parliament or a state assembly is managed.

Azizan said the courts have to recognise “the doctrine of separation of powers”, FMT quoted him as saying.

With this, he dismissed the applications by the plaintiffs, Seberang Jaya assemblyman Dr Afif Bahardin, Sg Acheh assemblyman Zulkifli Ibrahim, Bertam assemblyman Khaliq Mehtab Ishaq, and Telok Bahang rep Zolkifly Lazim.

The four, now with Bersatu, were seeking to stop the tabling of a motion introduced in October 2020 to vacate them from their seats after they withdrew their support from the Pakatan Harapan-led Penang government.

They had filed writs of summons against the state assembly and the speaker, but this suit was dismissed in January. The four are appealing the dismissal at the Court of Appeal.

The Penang constitution bars party-hopping by elected representatives.

In today’s decision, Azizan also said he had no power to invalidate a motion by the assembly and the speaker. – The Vibes, March 2, 2023