PKR has yet to serve the RM10 million suit to its former vice-president Zuraida Kamaruddin for allegedly breaching a bond binding her to the party, said lead counsel William Leong.

He said the court was told the plaintiff was unable to serve the writ of summons at both her office and home address.

“Further case management was fixed on November 16,” said Leong via WhatsApp after the matter came up for case management before Kuala Lumpur High Court deputy registrar Nor Afidah Idris today. 

Leong said the party had sent to Zuraida via registered post to request her to appoint and instruct a firm of solicitors to accept service on her behalf.

“We are now in the process of making appointment with her to accept service. The next case management date is to update the court regarding the progress of the case and to seek for further directions on the pleadings,” he said.

The suit was filed by party secretary-general Saifuddin Nasution Ismail on October 2, claiming that Zuraida, who is also housing and local government minister, had signed the bond on April 25, 2018, binding her to pay RM10 million to the party as stated in the bond’s terms and conditions.

PKR claimed that Zuraida had agreed to pay the party a sum of RM10 million within seven days, in the event of several incidents, including after winning the election on a PKR ticket, she resigns from the party or joins other political parties or becomes an independent elected rep.

The party claimed that on or around February 24, Zuraida, in a statement with 10 PKR MPs, announced their resignation from the party without her resigning as Ampang MP, and eventually formed a new bloc known as Perikatan Nasional (PN) with other opposition parties including Barisan Nasional, PAS and Gabungan Parti Sarawak.

PKR said the federal government led by Pakatan Harapan (PH) was then toppled by PN, which saw the defendant being appointed as a minister.

On the same date (February 24), PKR claimed its central leadership council had approved a resolution to strip Zuraida of her party membership with immediate effect and issued a certificate dated July 24 confirming the termination.

On August 7, PKR claimed that it had, through its lawyers, issued a letter of demand requiring Zuraida to pay the sum of RM10 million in accordance with the terms of the bond, but the party claimed the defendant had failed or refused to pay the amount in total or part thereof.

The plaintiff claimed it was entitled to seek RM10 million from the defendant because her resignation as a party member but not as the MP for Ampang, the seat which she won on the party’s ticket using the party’s logo, emblem, flag, services, and support, had deprived the party of the benefits and advantages of having an MP in the Dewan Rakyat and being part of the executive government. 

The party said it relied on Section 71 of the Contracts Act 1950 to establish its right to recover the remunerations and benefits of RM2.05 million enjoyed by the defendant having been elected as the party’s candidate in the 14th general election as Ampang MP.

As such, the plaintiff is seeking RM12.05 million under Section 71 of the Contracts Act, which comprises RM10 million under the bond and RM2.05 million for the remunerations and benefits the defendant received as an MP and as housing and local government minister under the PH government, with an interest of 5% annually, as well as other costs and relief deemed fit by the court. – Bernama, October 27, 2020.