[ad_1]
CITY OF GEORGE: A strategy to penalize elected representatives for switching sides could be tested soon.
Kedah PKR plans to sue two of its state members for RM10 million each to cross into Perikatan Nasional (PN) in what has been perceived as a landmark case.
The duo, Lunas representative Azman Nasrudin and Sidam Assemblyman Dr. Robert Ling Kui Ee joined four assemblymen from Parti Pribumi Bersatu Malaysia (Bersatu) on Tuesday in giving up their support for incumbent Mentri Besar Datuk Seri Mukhriz Mahathir in favor of PN.
His movement led to the downfall of the Pakatan Harapan (PH) state government.
The decision to bring Azman and Ling to court is based on an internal party document that all PKR candidates had to sign before being elected to stand for the 2018 general election.
The document states that any elected representative who leaves PKR must pay a fine of RM10 million to the party.
Kedah PKR President Datuk Johari Abdul said the matter is in the public interest because it could curb the party leap, a scourge that could topple a legitimately elected government.
“We will pursue this even if the legal fraternity does not see the merit of such a case,” he said yesterday.
The matter could have been put to the test much earlier, when Datuk Seri Mohamed Azmin Ali resigned as PKR vice president and left with several supporters in February, but it never took place.
Several moves have been made over the years to force elected representatives to resign their seats if they cross into another party, but none have been successful.
There is no anti-party law in Malaysia because the Federal Constitution, which provides for freedom of association, is considered ultra vires.
For example, the Supreme Court ruled in 1992 that legislation passed by the Kelantan state assembly to ban the celebration of festivals was unconstitutional, leading to the reinstatement of two assemblymen who were fired for leaving Semangat 46 to join Umno.
Human rights lawyer Andrew Khoo said the court will have to decide whether the document signed by PKR assemblymen is legitimate.
Another lawyer, Tan Keng Seng, said that no one should be prohibited from changing parties because freedom of association is a constitutional right.
However, he said that the private contract between PKR and its members could be used to make the rebel members pay compensation.
Bar Council President Salim Bashir said the Supreme Court ruling in the Nordin Salleh case demonstrated that freedom of association is a constitutional right.
He said a private agreement between two parties is a single, internal agreement and, in the event of a dispute, the court will have to decide whether the terms can be enforced, depending on the validity of the contract.
Read this story on our iPaper:
Anti-jump action
[ad_2]
