THE parliamentary positions of four Bersatu MPs who quit their party but stayed in Gabungan Rakyat Sabah (GRS) remain uncertain as legal experts mulled over whether the lawmakers would get to keep their seats.

Senior lawyer Haniff Kathri Abdulla said the court should decide if the four had breached the anti-party hopping law. 

Bersatu president Muhyiddin Yassin was adamant the quartet had broken the law under article 49A of the Federal Constitution, which meant they would have to resign their seats to make way for by-elections.
 
Political analyst Wong Chin Huat of Sunway University, however, said the lawmakers had stood on a GRS ticket and were thus not bound by the act.

The tussle came about after GRS chair Hajiji Mohd Noor left Bersatu and proposed for the party’s elected reps to become direct members of the coalition.

Bersatu has 14 state seats but the the Sabah assembly has yet to adopt the anti-party hopping law.

The act, however, came into force on October 5 and would have an effect on  defecting members of parliament.

“The anti-hopping law will always be an issue because of the way it was tabled and drafted. There were some who suggested that the law be drafted by outsiders who were neutral but that didn’t happen,” said Haniff.

“The best solution is to let the court decide ” he added.

The four MPs who have left Bersatu are Khairul Firdaus Akbar Khan (Batu Sapi), Matbali Musah (Sipitang), Armizan Mohd Ali (Papar) and Jonathan Yassin (Ranau).

Law does not apply

Wong said the anti-party hopping law does not apply to the four MPs as long as they stay under the GRS coalition.

“The law governs those who are elected to the House of Representatives as a member of a political party’,” he said, arguing that the four had contested under the GRS banner and not Bersatu.

“Sabah Bersatu and STAR planned long ago to have double membership in GRS and Perikatan Nasional and that the members would stand under GRS. As long as the (Bersatu members) stay in GRS, the anti-party hopping aw doesn’t apply to them,” said Wong.

Only one Bersatu MP in Sabah, Ronald Kiandee stood on a party ticket in the general election.

GRS is in a unique position because while it is a component of Perikatan Nasional in Sabah, at the federal level, it backs Anwar Ibrahim’s Pakatan Harapan-Led government.

Other than GRS, Parti Solidariti Tanah Airku (STAR) will also leave PN, party president Dr Jeffrey Kitingan said, adding an official announcement will be made shortly.

Earlier this week, the Sabah deputy chief minister said STAR, which supports the unity government, is not aligned with PN. 

The GRS bloc is made up of Sabah Bersatu, Sabah STAR, Sabah Progressive Party and United Sabah National Organisation. – December 12, 2022.