Why nab protester if govt respects freedom of assembly, NGO asks
This comes after police arrested Bersatu leader Badrul Hisham Shaharin, popularly known as Chegubard, yesterday, allegedly over Saturday's 'Turun Anwar' rally in Kuala Lumpur.
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Malaysiakini
6 hours ago
- Malaysiakini
Speaker's decision not subject to judicial scrutiny, appellate court rules
Decisions made by the Dewan Rakyat speaker are not subject to judicial scrutiny, the Court of Appeal has ruled today in dismissing Bersatu's second attempt to initiate judicial review against Johari Abdul. Bersatu's lawyer Chetan Jethwani confirmed to Malaysiakini that the appellate court's decision was based on Article 63(1) of the Federal Constitution.
Free Malaysia Today
6 hours ago
- Free Malaysia Today
Bersatu loses appeal to review Speaker's decision
The Court of Appeal has rejected Bersatu's attempt to unseat rebel MPs (from left) Armizan Mohd Ali, Khairul Firdaus Akbar Khan, Jonathan Yasin and Matbali Musah for expressing support for the prime minister. PUTRAJAYA : Bersatu has again failed to secure leave to initiate a judicial review over Dewan Rakyat Speaker Johari Abdul's refusal to declare vacant the seats of four Sabah MPs after they backed the prime minister. The appeal was unanimously dismissed by a three-member Court of Appeal bench today. Justice Ruzima Ghazali, who led the bench, said the Speaker's action, as stated in a letter dated Jan 16, 2023, was immune to judicial review based on Article 63(1) of the Federal Constitution. 'The High Court was not wrong to dismiss the leave application for judicial review. The appeal has no merit,' he said. Bersatu was also ordered to bear their costs. Justices Azizul Azmi Adnan and Shahnaz Sulaiman also heard the appeal. In his 2023 written judgment, High Court judge Amarjeet Singh said he was bound by a decision of the Federal Court, which ruled that the Speaker's decision as to whether a casual vacancy exists was non-justiciable under Article 63(1) of the constitution. That provision stipulates that the validity of proceedings in either House of Parliament or any of their respective committees shall not be questioned in any court. 'I cannot ignore a binding precedent and settled law,' he said. Johari had previously said there was no need to vacate the Papar, Batu Sapi, Ranau, and Sipitang seats, held by Armizan Mohd Ali, Khairul Firdaus Akbar Khan, Jonathan Yasin and Matbali Musah, respectively. The decision was communicated to the party in a letter dated Jan 16. Bersatu claimed that Johari's decision not to vacate the seats of ex-MPs of the party was 'tainted with illegality'. The four MPs were elected on a Gabungan Rakyat Sabah ticket as direct members of the coalition in the last general election (GE15) while Bersatu was part of GRS. However, following GE15, GRS dropped Bersatu as a coalition member. Bersatu vice-president Ronald Kiandee was previously reported as saying the party had issued letters of termination to the four MPs on Dec 21, 2022. He said this was because they had 'crossed the floor' by sitting with the government bloc during the Dewan Rakyat sitting on Dec 19, 2022. Kiandee claimed this had triggered Article 49A of the Federal Constitution, which states that MPs will lose their seats if they move to another party except if they are sacked by the party or if it is dissolved or deregistered. Bersatu had wanted the High Court to revoke Johari's decision and order him to declare the four seats vacant. Counsel Azhar Harun and Chetan Jethwani appeared for Bersatu while senior federal counsel Ahmad Hanir Hambaly and federal counsel Imtiyaz Wizni Aufa Othman represented the attorney-general. Lawyer Firoz Hussein Ahmad Jamaluddin appeared for the MPs as putative respondents. Chetan said he would obtain the client's instruction on whether to go to the Federal Court to appeal today's ruling.
The Star
7 hours ago
- The Star
Bersatu fails in appeal to challenge Dewan Rakyat Speaker's decision on Sabah seats
PUTRAJAYA: Parti Pribumi Bersatu Malaysia (Bersatu) failed in its appeal to obtain leave to initiate a judicial review to challenge Dewan Rakyat Speaker Tan Sri Johari Abdul's decision not to declare vacant four parliamentary seats in Sabah, which were won by its former members during the last general election (GE). Bersatu's appeal was unanimously dismissed by the Court of Appeal three-member bench led by Justice Datuk Che Mohd Ruzima Ghazali, sitting with Justices Datuk Azizul Adnan and Dr Shahnaz Sulaiman today. Delivering the unanimous decision, Justice Che Mohd Ruzima said the court found that the letter issued by the Speaker on Jan 16, 2023, which stated there was no occurrence of vacancy, was in exercise of his function to regulate the internal affairs of the Dewan Rakyat. "Based on the Federal Court's decision in Teng Chang Khim v Badrul Hisham Abdullah and Anor, we are of the view that the Speaker's action is immune from challenge by virtue of Article 63 (1) of the Federal Constitution,' he said. In the Teng Chang Khim case, the Federal Court held that the Speaker's decision in deciding whether there is a casual vacancy in the legislature is an internal matter of the legislature and cannot be reviewed by the courts. Justice Che Mohd Ruzima further ruled that the High Court was not plainly wrong in his decision to dismiss Bersatu's application for leave. "We find no merits in Bersatu's appeal. We dismiss the appeal with no order as to cost,' he said. The judicial review application was filed in 2023 by Bersatu vice-president Datuk Seri Dr Ronald Kiandee and Datuk Captain (Rtd) Muhammad Suhaimi Yahya, a public officer of the party. They named five respondents: Johari, and four MPs - Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Jonathan Yasin (Ranau), and Datuk Matbali Musah (Sipitang). Bersatu had sought to quash the Speaker's decision, through the Jan 16, 2023 a letter which stated that the second to fifth respondents had clarified and confirmed that there was no vacant parliamentary seat based on the interpretation of the constitution of Gabungan Rakyat Sabah (GRS) and Bersatu. Bersatu is also seeking a declaration that the four MPs had ceased to be members of the Dewan Rakyat in accordance with Article 49A of the Federal Constitution, as well as an order for Johari to confirm the four seats as vacant. In November 2023, the High Court dismissed its leave application, prompting the party to appeal to the Court of Appeal. In Monday's (Aug 4) proceeding, lawyer Tan Sri Azhar Azizan Harun, representing Bersatu, argued that the Speaker's task to establish the vacancy of seats is not covered by immunity under Article 63 (1) of the Federal Constitution. This was countered by both senior federal counsel Ahmad Hanir Hambaly @ Arwi appearing for the Attorney-General's Chambers and lawyer Datuk Firoz Hussein Jamaluddin, representing the second to fifth respondents, who submitted that the Speaker's decision is immune from review by the courts as his decision was inextricably linked to the business of the House.- Bernama
