
Bersatu fails in appeal to challenge Dewan Rakyat Speaker's decision on Sabah seats
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

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


New Straits Times
5 hours ago
- New Straits Times
Malaysia condemns Israeli Zionist regime's plan to take over Gaza
PUTRAJAYA: Malaysia has condemned in no uncertain terms the Israeli Zionist regime's latest decision to launch a full military takeover of Gaza. Malaysia also calls on all nations to unequivocally reject Israel's apartheid policies. The Foreign Ministry said this calculated and unconscionable move signals a clear intention by the regime to permanently occupy Palestinian lands, in flagrant violation of international law and flouting the principles of basic human rights and justice. "After 22 months of relentless bombings, siege, and the forced displacement of over 90 per cent of Gaza's population, the move is intended to put an end to the two-state solution. "If Israel is allowed to continue, its actions will put an end to the peace process and deny the rights of the Palestinian people to self-determination," the ministry said in a statement. Malaysia also said immediate and concrete actions must be taken towards recognising the state of Palestine based on the pre-1967 borders, with East Jerusalem as its capital. "Malaysia also calls on all nations to secure a permanent ceasefire, the full withdrawal of Israeli forces from Gaza, immediately end all blockade of humanitarian access, and ensure unimpeded access to humanitarian aid and the full entry of the State of Palestine as a member of the United Nations," the statement read. Earlier, Prime Minister Datuk Seri Anwar Ibrahim in a Facebook post said the country's commitment to defending the rights of the Palestinian people remains firm, not only through strong statements on the international stage, but also by working closely with regional and global leaders.


Borneo Post
6 hours ago
- Borneo Post
Friendship will shape Malaysia-Russia future ties, says Sultan Ibrahim
His Majesty said Malaysia regarded Russia as a trusted and important partner. – Bernama photo MOSCOW (Aug 6): His Majesty Sultan Ibrahim, King of Malaysia, says that his state visit to Russia reflects his sincere wish to strengthen ties and cooperation between the two nations. His Majesty said Malaysia regarded Russia as a trusted and important partner. 'Our diplomatic relations span more than five decades, having been formally established in April 1967. I'm reminded that Malaysia was among the earliest ASEAN nations to establish ties with Moscow. 'As a Russian saying goes, friendship is more valuable than money. It is this spirit of friendship, I believe, that will continue to shape the direction of the relationship between our two nations for the benefit of our people.' Sultan Ibrahim made the remarks during an official meeting with Russian President Vladimir Putin following a state welcoming ceremony at the Grand Kremlin Palace here today. Accompanying His Majesty were Defence Minister Datuk Seri Mohamed Khaled Nordin, who is also Minister-in-Attendance, Foreign Ministry secretary-general Datuk Seri Amran Mohamed Zin and Malaysian Ambassador to Russia Datuk Cheong Loon Lai. Putin was joined by senior Russian officials, including Aide to the Russian President for International Affairs Yury Ushakov, Minister of Economic Development Maxim Reshetnikov, Minister of Science and Higher Education Valery Falkov, Deputy Minister of Foreign Affairs Alexander Pankin and Deputy Minister of Defence Alexander Fomin. Sultan Ibrahim is on his maiden state visit to Russia until Aug 10 at the invitation of Putin. This marks the first state visit by a Malaysian Head of State to Russia. – Bernama malaysia Russia Sultan Ibrahim ties


The Star
8 hours ago
- The Star
MCMC start probe into claims of Muhyiddin defending foreigners' rights concerning RON95 subsidies
CYBERJAYA: The Malaysian Communications and Multimedia Commission (MCMC) will take immediate action by investigating the denial statement of Pagoh MP Tan Sri Muhyiddin Yassin regarding the claim of defending the rights of foreigners over the RON95 targeted subsidy issue. In a statement on Wednesday (Aug 6), MCMC announced that it would investigate the matter based on existing legal provisions. "MCMC has taken note of the Prime Minister's Office's media statement requesting an investigation into an allegation denied by the Pagoh Member of Parliament. "MCMC reminds the public not to misuse social media platforms to spread any unverified content," MCMC said. Earlier, Prime Minister Datuk Seri Anwar Ibrahim instructed MCMC to investigate the denial statement, in line with the government's principles of upholding transparency and accountability. On Tuesday (Aug 5), Anwar at the Dewan Rakyat sitting reportedly said he had received a report that there is an MP from the opposition bloc who defended the rights of foreigners to benefit from subsidy rationalisation. In this regard, Muhyiddin, who is also a former prime minister, through his social media post denied that he had ever issued any statement intended to defend the rights of foreigners in the targeted subsidy of RON95. He said the Perikatan Nasional has been consistent since the past that the benefits of implementing subsidies should give priority to the people.- Bernama