CEO Morning Brief

Court Has No Jurisdiction to Hear Suhaili's Challenge on Bersatu Membership Termination, Argues Party

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Publish date: Fri, 02 Aug 2024, 10:21 AM
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TheEdge CEO Morning Brief
In an application to strike out Labuan MP Datuk Suhaili Abdul Rahman’s lawsuit, Bersatu claimed that Suhaili was no longer a party member and he had no legal right to challenge his termination to court.

KUALA LUMPUR (Aug 1): A court has no jurisdiction to hear Labuan Member of Parliament (MP) Datuk Suhaili Abdul Rahman’s legal action challenging his termination from Bersatu, claims the party.

In an application to strike out Suhaili’s lawsuit, Bersatu, through its official, Captain (Retired) Datuk Muhammad Suhaimi Yahya, also claimed that since Suhaili was no longer a party member, he had no legal right to bring this action to court.

The opposition party claims that the lawmaker's civil action against his former party was an abuse of the court process and has thus filed for the case to be struck out.

The application, sighted by The Edge, was filed on Wednesday (July 31) by Messrs Chetan Jethwani & Company, is in response to Suhaili's lawsuit against Bersatu, seeking an order that his dismissal from the party was invalid.

The party suspended his membership for six years in November last year, following Suhaili's press statement supporting Prime Minister Datuk Seri Anwar Ibrahim.

The parliamentarian claimed that he made the statement due to his former party's failure to provide funds to assist the people of Labuan.

He challenged his suspension in a separate legal action against the party through its secretary general, Datuk Seri Hamzah Zainuddin, at the Kota Kinabalu High Court in December last year.

The court dismissed the case, on the grounds that it needed to be filed at the High Court of Malaya instead.

Suhaili was later stripped of his Bersatu membership in June.

He is part of six MPs sacked by the party for openly supporting Anwar. The other five are Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), and Dr Zulkafperi Hanapi (Tanjong Karang).

Last month, Dewan Rakyat Speaker Tan Sri Johari Abdul ruled that there were no grounds to declare these seats vacant and that the respective MPs would keep their seats and serve as independents.

In response, Bersatu President Tan Sri Muhyiddin Yassin said that the Speaker's decision violated Article 49A(3) of the Federal Constitution, known as the anti-hopping law. He added that the party would engage legal experts to take further action to challenge the Speaker's decision.

Source: TheEdge - 2 Aug 2024

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