By Niza Shimi
If Parliament is dissolved to make way for the 15th general elections (GE15) all members of Parliament will no longer be MPs. That way there’s no need to argue whether MP for Pekan, Datuk Seri Najib Razak, should attend. Nobody needs to by then.
It’s that simple if you think about it. Of course, the question is whether we want GE15 now or not. So, the argument of whether to allow Najib to attend a sitting of the Dewan Rakyat continues. But I oversimplify.
According to Najib’s lawyer, Tan Sri Mohd Shafee Abdullah, there would only be three reasons why his client could not attend Parliament;
- If his application for royal pardon is rejected by the Agong, (This decision is pending.)
- If his application for judicial review by the high court on being refused by the director-general (DG) of the Prisons Department to attend Parliament sitting. (The application for judicial review will only be taken only if the Home Minister doesn’t respond to Najib’s appeal by Tuesday.)
- If Parliament is dissolved when GE15 is declared.
Shafee was speaking to reporters outside the courthouse, that these were provisions under the Malaysian constitution. He said until a decision is made to bar his client, Najib remains an MP and has the duty to serve his constituency.
He added that since Najib is still an MP, he should be treated like one. He added that his client will apply for judicial review under Section 31 of the Prisons Act if the Home Minister remains silent on Najib's application to attend Parliament which was rejected by the Prisons DG for security reasons.
Shafee said Section 31 has never been applied as a challenge to the DG of Prisons powers that gives him the discretion to allow for a reasonable reason to transport any prisoner to any place in Malaysia, adding that security issue is not a reasonable reason. He added that this is the first time such a challenge has been taken and should set a precedent.
In 2015, then jailed MP for Permatang Pauh Datuk Seri Anwar Ibrahim also applied under section 13 (1) of the Prisons Act to attend Parliament while serving time in prison but was denied. Anwar’s application for pardon was later rejected by the Pardon’s Board. (Borneo Post online)
The live video of Shafee’s press conference on October 3, 2022, was posted on Najib Razak’s Facebook here.
Free Malaysia Today reported (October 3, 2022) Shafee as saying, “An MP’s main job is to attend Parliament. It is a critical moment now (at the Dewan Rakyat),” he said, referring to rumours that Parliament could be dissolved anytime soon to make way for GE15.
Earlier, Speaker Azhar Harun said he did not have the authority to decide whether or not Najib could attend the proceedings at the Dewan Rakyat, adding that it was solely up to the prisons department to decide on the matter as Najib was in their custody.
Najib is currently serving a 12-year jail sentence after his conviction in the SRC International case was upheld by the Federal Court in August. Najib filed a petition for royal pardon on September 2. Azhar said the enforcement of Najib’s disqualification as an MP will only begin if his petition is denied.
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