DEWAN Rakyat Speaker Johari Abdul’s decision to inform four Gabungan Rakyat Sabah (GRS) MPs – formerly with Bersatu – that they need not vacate their seats was erroneous, Bersatu president Muhyiddin Yassin said today.

According to Muhyiddin, the party will now challenge the speaker’s decision in court.

“The speaker said the four MPs became direct members of GRS on October 27, 2022.

“His interpretation of clause 10.2.3 of Bersatu’s constitution was that their party membership had lapsed by that time, which was before they stood in the general election on November 19,” Muhyiddin said in a statement today.

He said the speaker wrote to the party in a letter dated January 16.

The four MPs – Armizan Ali (Papar), Khairul Firdaus Akhbar Khan (Batu Sapi), Jonathan Yasin (Ranau) and Matbali Musah (Sipitang) – had previously said they were leaving Bersatu to form a new party.

Muhyiddin, the Pagoh MP, said the speaker had made a mistake in interpreting Bersatu’s constitution and also claimed that he had no authority to do so.

“The clause states that a member loses his membership immediately upon joining any other political party.

“This clause does not apply to the four MPs because they are members of Bersatu, which was the founder and component party of GRS at the time.

“Thus, GRS cannot be interpreted as ‘another political party’, in accordance with the spirit and essence of the clause,” the former prime minister added.

Muhyiddin also said a letter from the Sabah Bersatu executive board secretary dated November 3 had listed the four MPs as Bersatu-GRS candidates. 

This means their participation as direct members of GRS did not affect their membership in Bersatu when they stood in the election, he said.

Muhyiddin said if there is any disagreement in interpreting the clause, then clause 27 gives the final say to the party’s supreme council.

“Therefore, in this case only the supreme council can determine whether the four MPs lost their membership immediately when they joined GRS. 

“As the speaker does not have the authority to interpret our constitution, his decision is erroneous.”

Muhyiddin added that former Bersatu Sabah leader Hajiji Noor had only confirmed his exit from the party on December 10, while MPs only crossed the floor on December 19.  

“Both of these acts resulted in the termination of their Bersatu membership under articles 10.2.2 and 10.2.3 after the election,” he said.

Muhyiddin also said that the speaker had misinterpreted article 49A (3) of the Federal Constitution.

He said, since the power to interpret the constitution and the law rests with the court, the party will refer the matter to the court. – January 17, 2023.