High Court Strikes Out Suhaili S Lawsuit Against Bersatu Labuan Seat In Jeopardy

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The political fate of Labuan MP Datuk Suhaili Abd Rahman took a sharp turn today as the High Court in Shah Alam struck out his lawsuit against Parti Pribumi Bersatu Malaysia (Bersatu), effectively clearing the way for the Speaker to declare his parliamentary seat vacant.
High Court Judge Datuk Norhayati Mat ruled at 2.30pm that Suhaili’s legal challenge against Bersatu was without merit, and upheld Section 18C of the Societies Act 1966, which prohibits court intervention in the internal affairs and decisions of political parties.
Suhaili, who was elected under the Perikatan Nasional ticket, had his Bersatu membership automatically ceased after pledging support for Prime Minister Datuk Seri Anwar Ibrahim last year. Bersatu, invoking party rules and Article 49A of the Federal Constitution, deemed his act as triggering the anti hopping law and informed the Speaker accordingly.
Unhappy with the party’s stance, Suhaili initially filed a lawsuit in the Kota Kinabalu High Court, which was later struck out due to jurisdictional issues. He then refiled the suit in Shah Alam, claiming that Bersatu’s declaration of his membership cessation amounted to an unlawful termination.
However, Justice Norhayati dismissed the argument, ruling that Suhaili’s membership cessation was self induced and not a termination by the party. The court reaffirmed that the party’s interpretation and enforcement of its constitution is protected under Section 18C.
“The Plaintiff brought the cessation upon himself,” said Justice Norhayati. “The court cannot interfere with the internal decision making processes of political parties.”
The ruling is seen as a major win for Bersatu and opens the door for the Speaker of the Dewan Rakyat to act in accordance with Article 49A the anti hopping provision and formally declare the Labuan seat vacant.
This sets the stage for a potential by election in Labuan and sends a strong signal to other MPs considering crossing the aisle party hopping may come at the cost of losing their seat.
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