We never jumped ship, say Penang Bersatu reps

Four Bersatu assemblymen today maintained that they had never jumped ship, saying two of them were elected on a Bersatu ticket while the other two had contested on a PKR ticket but were dismissed from the party. 

They also said that they would instruct their lawyers to look into the matter of the recent court decision on Article 14A of the Penang state constitution, voicing concern that it could lead to government abuse of its provisions. 

"We respect the decision of the Federal Court, but we do not agree with it," they said. 

"We have asked our lawyers to review the matter to allow us to carry out our duties as assemblymen."

Adding that the provision was open to abuse, they said it had been wrongly used against them. 

A seven-man Federal Court bench ruled yesterday that Article 14A of the Penang state constitution was not void, saying it was consistent with Article 10 (1)(c) of the Federal Constitution.

Article 14A states that an assemblyman shall vacate his seat if, having been elected as a candidate of a political party, he resigns or is expelled from the party or, having been elected otherwise than as a candidate of a political party, he joins a political party.

In 2020, Sungai Acheh assemblyman Zulkifli Ibrahim, Seberang Jaya rep Afif Bahardin, Bertam assemblyman Khaliq Mehtab Mohd Ishaq and Telok Bahang rep Zolkifly Md Lazim filed three writs of summons against the state legislative assembly and its speaker, challenging the motion based on Article 14A, brought in October of that year, for them to vacate their seats and make way for by-elections.

Zulkifli and Afif were sacked from PKR in 2020 while Khaliq and Zolkifly are Bersatu members. 

The state legislative assembly and speaker, represented by Malik Imtiaz Sarwar and Surendra Ananth, filed an application to refer the matter to the Federal Court last year. 

In their statement today, the assemblymen said political parties could not have the absolute power to dictate and determine the decisions of representatives. 

"As elected representatives, we represent all of the people in our constituencies," they said. 

"We will make decisions based on what we believe is in the best interest and needs of our voters, and not merely on the party's demands." 

The tabling of the motion for the four of them to vacate their seats has been postponed pending the completion of the suit.

Penang Chief Minister Chow Kon Yeow said their fate will be determined by the state exco on Aug 5.