DR Ting Tiong Choon, who may mount a legal challenge against his disqualification as an assemblyman, might face roadblocks in the form of a provision in the Federal Constitution.

Speaker Mohd Asfia Awang Nassar said Article 72(1) of the Federal Constitution states “the validity of any proceedings in the legislative assembly of any state shall not be questioned in any court”.

Asfia said he would, therefore, make an application to strike off any writ the former Pujut assemblyman might file in the court to challenge his disqualification.

Dr Ting was disqualified as he was found to have taken an Australian citizenship in breach of Article 17(1) (g) of the Sarawak Constitution.

“We are acting within the parameter of the Federal Constitution and on a past court precedent,” Asfia said, referring to Article 72(1) of the constitution and the 1979 case of Lim Cho Hock v the speaker of the Perak legislative assembly.

He said in the Lim Cho Hock case, the judge in his judgment had said “the doctrine of the separation of powers is a feature of the Malaysian Constitution”.

The judge had also said “the separation of powers, in the sense of check and balance within the three branches of the government exists and animates the Malaysian Constitution”.

In the press conference at the legislative assembly today, Asfia said it was, therefore, clear under Article 72(1) and the Lim Cho Hock case that the legislative assembly is “the final arbiter in any question arising as to whether a member of the legislative assembly has become disqualified for membership.

“The matters were for the legislative assembly to decide and within its exclusive jurisdiction and not for the courts to decide.”

Asfia said reading Article 72 and Article 19 of the Sarawak constitution together would make it “manifestly clear that the proceedings of the legislative assembly is within its exclusive jurisdiction, its exclusive presence and domain and not for the court to determine”.

Article 19 (1) of the state constitution reads “if any questions whether the speaker or a member of the Dewan Undangan Negeri (state legislative assembly) has ceased to be qualified for appointment.”

Dr Ting, who won the Chinese-majority Pujut seat in a four-cornered fight in last year’s state elections, was disqualified under Article 17(1) (g) of the Sarawak constitution.

Article 17 reads “a person is disqualified for being elected as an elected member of the Dewan Undangan Negeri if he has voluntarily acquired citizenship of, or exercised the rights of citizenship in any country outside the federation, or has made a declaration of allegiance to any country outside the federation”.

Asfia said to knowingly allow a foreign national to sit as an elected “honourable member” in the assembly would “flagrantly violate the law of the land and is ultra vires of the federal and state constitutions”.

He also today notified the chairman of the Election Commission via a letter on Dr Ting’s disqualification and the vacant Pujut seat.

“Therefore, I leave this matter in the safe hands of the Election Commission for further necessary action.”

A by-election for the seat is expected with 60 days. – May 16, 2017.