Will the new amendment apply to six Bersatu MPs?
SHAH ALAM - Amendments to the Parti Pribumi Bersatu Malaysia (Bersatu)’s constitution would be applicable to all its members, even though it has just been approved by the Registrar of Societies (RoS).
National Professor Council (Political, Governance, and Law Cluster) member Professor Dr Nik Ahmad Kamal Nik Mahmod said that the amendments also involve six Members of Parliament (MPs) who declared support for the Prime Minister because they were still members and had never been expelled from the party.
However, he said that the impact of these amendments depends on the nature of the Constitution being enforced.
"If the amendments to the Bersatu Constitution have a retrospective effect, are those amendments legally valid?
"Whether the involvement of the six Members of Parliament is exempted from the new amendments also depends on whether the Constitution is retrospective or not," he said when contacted on Wednesday.
It was reported that RoS approved the proposal to amend the Constitution of the party led by Tan Sri Muhyiddin Yassin, which was made at the Special General Assembly (EGM).
The proposal would allow the party to proceed to vacate six parliamentary seats, thereby triggering by-elections.
As a result, Labuan Member of Parliament Datuk Dr. Suhaili Abdul Rahman reportedly said that he and the five Bersatu Members of Parliament who have been supporting the Prime Minister Datuk Seri Anwar Ibrahim, do not need to vacate their seats because the amendment only took effect on April 1, while the support was declared around October to January earlier.
Meanwhile, Nik Ahmad Kamal said there were several legal issues in the party's process.
"Are the six Members of Parliament entitled to be heard? Is the notice from the party sufficient?
"When the Speaker (Tan Sri Johari Abdul) makes a decision later, is he obligated to hear the reasons from the six Members of Parliament before making a decision?
"After the Speaker makes a decision on whether the seats are vacated or not, can that decision be challenged in court?" he questioned.
