BERSATU has filed legal action against Dewan Rakyat speaker Johari Abdul in its attempt to vacate four parliamentary seats in Sabah. 

The application for leave to initiate a judicial review was filed by Bersatu vice-president Ronald Kiandee and a public officer of the party, Muhammad Suhaimi Yahya, through the legal firm of Messrs Chetan Jethwani & Company at the High Court on April 17. 

Bersatu named Johari and four MPs – Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Jonathan Yasin (Ranau) and Matbali Musah (Sipitang) – as the respondents. 

The party seeks an order to revoke a decision made by Johari through a letter dated January 16 that stated the four MPs had given explanations and confirmed there were no vacant parliamentary seats based on an interpretation of the Gabungan Rakyat Sabah (GRS) constitution and Bersatu constitution. 

Bersatu also wants a declaration that the four MPs had ceased to be members of the Dewan Rakyat in accordance with Article 49A of the Federal Constitution as well as an order for Johari to confirm the four seats as unoccupied. 

Besides that, the party seeks an order for Johari to inform the Election Commission about the vacancy within 21 days of the order, and if permission is granted pending the judicial review hearing, Bersatu seeks a disclosure order requiring the other respondents to submit all correspondence with Johari regarding their dismissal. 

In the last general election (GE15), the four MPs were elected under the GRS banner, which included Bersatu as a coalition member. However, GRS ended its alliance with Bersatu following the election. 

Bersatu stated that on December 10, 2022, GRS chairman Hajiji Noor issued a statement informing the media of the four MPs’ decision to leave the party. 

The applicant asserted that on December 19, 2022 in the first parliamentary session after GE15, the four MPs sat in the government block, which clearly showed their intention to leave Bersatu. 

Accordingly, Bersatu secretary-general issued a termination notice to the four MPs on December 21, 2022 informing them that they had ceased to be members of the party. 

According to the party, due to the termination, the parliamentary seats became vacant based on Article 49A(3) of the Federal Constitution. 

Through a review of the court system, the application for leave to initiate the judicial review will be heard before Judge Amarjeet Singh on May 30. – Bernama, April 28, 2023.