KANGAR: The decision by three Perlis assemblymen (image) to seek judicial review challenging the State Legislative Assembly speaker’s declaration that their seats are vacant has reignited calls for a review of the anti-party hopping law.
Constitutional expert Associate Professor Datuk Dr Shamrahayu Ab Aziz said the Perlis political crisis highlights the need for the government and political parties to recalibrate the balance between the powers of legislative speakers and the provisions of the anti-party hopping law.
The International Islamic University Malaysia law lecturer said the speaker’s authority must be harmonised with the law, particularly in cases involving majority support, as such matters have direct implications for government stability.
“It is the speaker who determines whether a seat is vacant, and the same principles apply in Perlis,” said Shamrahayu.
“Ordinarily, if a political party informs the speaker that an assemblyman is no longer a member or that their membership has been terminated, the speaker takes note and subsequently declares the seat vacant.”
She said this illustrates the breadth of the speaker’s authority, which also extends to electoral matters, including the withdrawal of a by-election notice.
“These powers must be aligned with the anti-party hopping law, particularly where majority support is in question, as this directly affects the position of the menteri besar,” she told Twentytwo13.
On Friday, Guar Sanji assemblyman Mohd Ridzuan Hashim, Fakhrul Anwar Ismail (Bintong) and Saad Seman (Chuping) confirmed that they had filed a judicial review to contest the declaration that their seats were vacant.
“We respect the views of the honourable speaker. However, with due respect, we humbly contend that the said view is erroneous, as it constitutes an action taken beyond the scope of the powers vested in the office,” the trio said in a joint statement.
They said an originating summons had been filed against the speaker of the Perlis State Legislative Assembly as the first defendant and the assembly as the second defendant, seeking a declaration that the decision was ultra vires, null, invalid and defective.
The three assemblymen were expelled by Pas on Dec 24 after they, together with five Bersatu assemblymen, signed statutory declarations withdrawing their support for then menteri besar Mohd Shukri Ramli, who resigned a day later citing health reasons.
Pas claimed the assemblymen had lost their party membership, prompting Perlis Assembly Speaker Rus’sele Eizan to announce that the seats were vacated pursuant to Article 50A(1)(a)(ii) of the Perlis State Constitution (Amendment) Enactment 2022.
However, on Wednesday, Rus’sele withdrew a notice to the Election Commission calling for by-elections for the three seats.
The reversal followed assurances from Pas that it remained committed to supporting the Perlis state government under Perikatan Nasional (PN). Rus’sele said the stability of the state administration was unaffected, as PN continued to command a strong majority with 11 of the 15 seats in the assembly.
Malaysia’s anti-party hopping law, enacted through constitutional amendments in 2022 under Article 49A, was introduced to discourage elected representatives from switching parties by vacating their seats and triggering by-elections if they resign, join another party or are expelled.
While the law aims to preserve voter mandates and political stability, it does not prevent entire parties from switching coalitions, creating potential legal grey areas – particularly in cases involving expelled lawmakers who retain their seats.
The legislation was tested in 2024 when Bersatu sacked six of its MPs for supporting Prime Minister Datuk Seri Anwar Ibrahim’s government.
Bersatu urged the Dewan Rakyat speaker to declare the seats vacant, but in July that year, Speaker Tan Sri Johari Abdul ruled that the MPs could retain their seats, citing constitutional and procedural defects in Bersatu’s amended party rules.
By contrast, a month earlier, the Kelantan State Legislative Assembly speaker declared the Nenggiri seat vacant after Bersatu expelled its assemblyman Mohd Azizi Abu Naim, triggering a by-election that Barisan Nasional won in August 2024.
Mohd Azizi, who is also the Machang MP, is among the six Bersatu lawmakers sacked by the party for supporting Anwar.
Shamrahayu said that while the three Perlis assemblymen were entitled to seek judicial review, the strength of their case remained uncertain, particularly as the question of whether a seat is vacant involves the interpretation of party constitutions and the powers of the legislative assembly.
She cited a Court of Appeal ruling in August last year, which unanimously dismissed Bersatu’s appeal against the High Court’s refusal to grant leave to challenge the Dewan Rakyat speaker’s decision not to vacate the seats of four Sabah MPs who had left the party.
The appellate court ruled that the speaker was protected under Article 63(1) of the Federal Constitution and that the courts lacked jurisdiction to question such decisions, in line with binding Federal Court precedent.
“In the Dewan Rakyat case, Bersatu argued that the speaker should not interpret party constitutions and that such interpretation should be left to the courts,” she said.
“Based on legal precedent, the court may decline to take cognisance of the case, as it concerns the internal affairs of a legislative body and is regarded as a political question rather than a judicial one.”
“The key issue is whether the court will depart from earlier rulings. In my view, courts generally place significant weight on precedent.”
Drawing lessons from developments in Kelantan, Parliament and now Perlis, she said a comprehensive review should be undertaken to strengthen the law in order to safeguard governmental stability at both state and federal levels.
She cautioned that despite Pas’ pledge of support for the new Perlis state administration, risks remain of legislative gridlock should fractures emerge within the coalition and the government lose its simple majority.
“Legally, however, there is room for discretion. If a vacancy disrupts the functioning of the assembly, a by-election should be held,” she said.
“Ultimately, these decisions lie with the speaker, and it is hoped that whatever course is taken will not undermine democratic governance in the state of Perlis.”