Lawyer seeks to disqualify Anwar as PM, Tambun MP

Free Malaysia Today

18 hours ago

Lawyer P Waytha Moorthy wants the High Court to declare Anwar Ibrahim's election as Tambun MP on Nov 19, 2022, and his appointment as prime minister five days later, null and void.
KUALA LUMPUR : Lawyer P Waytha Moorthy has filed a suit seeking a declaration that Anwar Ibrahim should not have been elected as Tambun MP in November 2022 and appointed prime minister.
He contends this is because Anwar's 2018 royal pardon did not state that he was exempt from the five-year disqualification period for contesting an election after being released from prison.
Waytha, a minister in Dr Mahathir Mohamad's Cabinet from 2018 to 2020, wants the High Court here to declare Anwar's election as Tambun MP on Nov 19, 2022, and his appointment as prime minister five days later, null and void.
The originating summons was filed today at the High Court by solicitors Messrs Karthig Shan, with Anwar named as the defendant.
Waytha, who filed the action in his capacity as a lawyer, said he brought the public interest action to uphold the rule of law, the Federal Constitution and to protect the integrity of Malaysia's parliamentary democracy.
The Malaysian Advancement Party president said Anwar was convicted and sentenced to a jail term exceeding one year, which would disqualify him from being elected as a member of the Dewan Rakyat by Article 48(1)(e) of the Federal Constitution.
He is also seeking other relief deemed fit and proper by the court and costs.
On May 16, 2018, the then king granted Anwar a full pardon for three cases involving abuse of power and sodomy charges, citing a 'miscarriage of justice'.
Anwar told a press conference that the pardon was also on the basis that there was a conspiracy to condemn him and assassinate his political character.
'The pardon is complete and unconditional. The entire convictions are erased automatically,' he had said.
Anwar was then elected Port Dickson MP in a by-election in October 2018.
A similar suit filed by a voter to question his eligibility to stand in the by-election was thrown out by the High Court in 2018.
Waytha contended that the pardon order did not express the removal of the five-year exemption from May 16, 2018, the date of Anwar's release from prison.
He said Article 48(3) of the Federal Constitution bars Anwar from contesting a Dewan Rakyat seat for five years after the pardon, and as such the PKR president had misrepresented himself as qualified to contest in the 2022 general election.
He said Anwar's five-year disqualification period was still effective at the time he filed his nomination papers and got elected on Nov 19, 2022.