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KUALA LUMPUR – Bersatu secretary-general Datuk Seri Hamzah Zainudin has described the Penang state assembly’s move to dismiss four of Perikatan Nasional’s (PN) representatives over alleged party-hopping as an “abuse of power” and “clearly politically motivated”.
In a statement, the opposition leader said the assemblymen, especially Bersatu’s Khaliq Mehtab Mohd Ishaq (Bertam) and Zolkifly Md Lazim (Telok Bahang), had not committed any violation in relation to Article 14A of the Penang constitution.
“The two Bersatu assemblymen had never resigned or been fired from Bersatu, or entered any other political party.
“They remain Bersatu members until today.”
Hamzah said that not only was the state assembly’s move an abuse of power, but it had also disrespected the pillars of democracy and was an affront to the law.
“Although Bersatu respects the Penang high court’s decision on the application of the four assemblymen, we have received advice (on the matter), and believe the court has erred in interpreting the use of Article 14A on them,” he said.
“Bersatu has filed an appeal with the appellate court on the decision.”
The motion to expel the four – Khaliq, Zolkifly, Dr Afif Bahardin (Seberang Jaya), and Zulkifli Ibrahim (Sg Acheh) – was tabled by Deputy Chief Minister I Datuk Ahmad Zakiyuddin Abdul Rahman (Pinang Tunggal-PKR).
The four PN reps were present at the sitting when the motion was read.
In debating the motion, Khaliq said changing parties does not mean the elected representatives have failed their electorate, adding that he is “serving voters to the best of my ability and have proven that I can do my job despite changing parties”.
He then slammed Pakatan Harapan (PH) for “betraying the people” when the coalition formed the federal unity government with “tainted” Barisan Nasional (BN) following the 15th general election in November.
Several backbenchers then took part in a heated exchange during the debate where shouts of “Sheraton Move” and “YBs of low intelligence” were heard.
Last week, The Vibes reported that a motion was submitted for the four PN reps to vacate their seats after they failed to obtain an interim injunction.
The landmark motion is expected to be passed because PH holds 33 state seats, which is two-thirds of the house, as opposed to PN’s five and BN’s two.
The four defected from the PH coalition to join PN in 2020 after the infamous Sheraton Move toppled the then-PH federal government.
The Penang High Court fixed March 3 to hear amendments in the case relating to the four assemblymen who filed for an injunction against the Penang assembly on a motion to vacate their seats.
However, judicial commissioner Azizan Arshad said the court cannot interfere with how Parliament or a state assembly is managed.
With this, he dismissed the applications for an interim injunction against vacating the seats.
On January 20, the high court dismissed the suits by the four Penang assemblymen against the Penang assembly and Law over a motion introduced in October 2020 compelling them to vacate their seats.
However, they filed an appeal against the decision at the Court of Appeal on January 25.
On December 16 last year, Chief Justice Tun Tengku Maimun Tuan Mat dismissed the leave applications by the four assemblymen to challenge the competency of the state assembly to pass an anti-hopping law.
The four assemblymen had filed the suit in 2020 to challenge the constitutionality of Article 14A(1) of the Penang constitution and to stop their seats from being declared vacant, pursuant to Article 14A(1).
Article 14A states that an assemblyman shall vacate their seat if, having been elected as a candidate of a political party, they resign or are expelled from a party, or having been elected otherwise than as a candidate of a political party, they join a political party. – The Vibes, March 6, 2023