The Departure of Bersatu’s Sabah MPs: To Vacate or Not To Vacate?

by | Dec 13, 2022 | Law, Politics

Recently, Parti Pribumi Bersatu Malaysia (Bersatu)’s then Sabah chief, Datuk Seri Panglima Haji Hajiji bin Noor, announced that the leaders of Bersatu Sabah unanimously decided to leave the party.[1]

This departure includes the departure of the following elected representatives from Bersatu’s Sabah chapter:[2]

(i) Datuk Armizan Mohd Ali (Papar)

(ii) Khairul Firdaus Akbar Khan (Batu Sapi)

(iii) Datuk Matbali Musah (Sipitang)

(iv) Datuk Jonathan Yasin (Ranau)

(collectively referred to as the “Bersatu Sabah MPs”).

The question at hand is whether the Bersatu Sabah MPs are required to vacate their seats under the anti-hopping provision in the Federal Constitution.[3]

Article 49A(1) of the Federal Constitution, which came into operation on 5th October 2022,[4] provides the following:

“(1) Subject to the provisions of this Article, a member of the House of Representatives shall cease to be a member of that House and his seat shall become vacant immediately on a date a casual vacancy is established by the Speaker under Clause (3) if—

(a) having been elected to the House of Representatives as a member of a political party—

(i) he resigns as a member of the political party; or

(ii) he ceases to be a member of the political party.”[5] (Emphasis mine)

Some are of the view that by leaving Bersatu, the Bersatu Sabah MPs need to vacate their seats.[6]

Meanwhile, others are of the view that the Bersatu MPs need not vacate their seats despite leaving Bersatu.[7]

The definition of “political party” for the purposes of the Federal Constitution “includes a coalition of such societies which has been registered under any federal laws.”[8]

Gabungan Rakyat Sabah (“GRS”) is an official coalition which has been registered with the Registrar of Societies since March 2022.[9]

This would mean that GRS is a “political party” for the purposes of the Federal Constitution, including for the purposes of Article 49A.

It is undisputed that the Bersatu Sabah MPs were elected to the House of Representatives as members of GRS.[10]

As such, the issue to be decided then is whether the Bersatu Sabah MPs have:

(i) resigned as a member of GRS; or

(ii) ceased to be a member of GRS.

Based on the information available at the time of writing, the former appears to be unlikely.

As for the latter, if by leaving Bersatu, the Bersatu Sabah MPs cease to be members of GRS, the Bersatu Sabah MPs would have to vacate their seats pursuant to Article 49A(1)(a)(ii) of the Federal Constitution.

This would occur where, for example, GRS’ constitution does not allow the Bersatu Sabah MPs to remain as members of the coalition in light of their departure from a component party of the coalition.

However, the Bersatu Sabah MPs need not vacate their seats if they can remain as members of GRS despite leaving Bersatu.

This would occur where, for example, the Bersatu Sabah MPs have direct/individual membership of GRS[11] or because GRS’ constitution allows them to remain as members of the coalition notwithstanding their departure from a component party of the coalition.

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PPBM in Muafakat Nasional

by | Aug 16, 2020 | Politics

The Malaysian United Indigenous Party (“PPBM“), under the leadership of Tan Sri Muhyiddin bin Haji Muhammad Yassin, has agreed to be a part of the Muafakat Nasional (“MN“) coalition.[1]

Tan Sri Annuar Musa, the Secretary General of the Barisan Nasional (“BN“) coalition and the Minister of Federal Territories, has stated that MN has agreed in principle regarding PPBM’s wish to join the coalition.[2]

At its inception, MN only consisted of the United Malays National Organisation (“UMNO“) and the Malaysian Islamic Party (“PAS“).[3]

A necessary formality?

PPBM’s joining of MN appears to be mere formality as PPBM, UMNO, PAS, and a host of parties from Sabah and Sarawak informally formed the Perikatan Nasional (“PN”) federal government.

The PN federal government, however, even with the inclusion of UMNO and PAS, only have a precarious 2-3 seats majority in the House of Representatives.[4]

When UMNO announced that it would not become part of PN should the informal coalition be registered,[5] it then became necessary for PPBM to formally align itself with UMNO and PAS in order to remain a part of the federal government .

PPBM is the weakest of the three.

It cannot be disputed that PAS & UMNO have strong grassroots support.[6] The same, however, cannot be said about PPBM.[7]

PPBM, being a relatively new national party, experienced exponential growth in its first few years largely due to Tun Dr Mahathir bin Mohamad (“Tun M”).

Tun M, a seasoned politician and a former Prime Minister, commands great respect and support amongst the masses.

When Tun M left PPBM, an exodus soon ensued.[8] Since his departure from PPBM, Tun M has announced the setting up of the Party of Homeland’s Fighters (“PEJUANG“).[9]

Various PPBM branches have since been dissolved due to lack of members.[10]

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