KUALA LUMPUR: Former PKR vice-president Datuk Zuraida Kamaruddin signed a party bond without any force or pressure, the High Court heard today.
The party secretary-general Datuk Seri Saifuddin Nasution Ismail said the defendant did not raise any objection when she was asked to do so as a requirement for candidates to contest under the party's ticket.
"She signed the bond on April 25, 2018, with her full knowledge about it.
"The amount (RM10 million) was aimed to safeguard the integrity of the party, its good name, and reputation.
"The estimation was based on several factors such as office administration, structural organisation, loss of a member, activity, as well as the loss of ability to recruit new members by the party.
"It is necessary to avoid any candidates from betraying the party," he said.
Saifuddin said this when testifying in PKR's suit against the former Ampang member of parliament, seeking RM10 million for breaching a bond binding her to the party.
The suit was filed by Saifuddin on behalf of the party via Messrs William Leong & Co on Sept 28, 2020.
In the statement of claim, Saifuddin said Zuraida had executed a bond that bound her to pay the party the sum in accordance with the terms and conditions set under the bond.
The terms include, among others, that Zuraida agrees to pay the party a sum of RM10 million not later than seven days upon winning the election on the PKR ticket and then resigning from the party or joining any other political party or becoming an independent elected representative.
Saifuddin claimed that on Feb 24, Zuraida had announced her resignation from the party through a statement with 10 other PKR Members of Parliament (MPs) without stepping down from her elected post of Ampang MP.
He said the defendant, together with Parti Pribumi Bersatu Malaysia (Bersatu) and then opposition parties, namely Barisan Nasional (BN), Parti Islam Se-Malaysia (Pas), Gabungan Parti Sarawak (GRS) and others formed a new bloc known as "Perikatan Nasional" (PN).
This, he claimed, had caused the fall of the Pakatan Harapan federal government and when PN took over, Zuraida was appointed as a minister in the PN federal government.
On the same day, the PKR central leadership council approved a resolution to terminate Zuraida's membership from the party with immediate effect, with Saifuddin as the party's secretary-general issuing a certificate dated July 24, confirming the termination.
PKR claimed that it had, through its legal representatives, issued a letter of demand dated Aug 7 requiring Zuraida to pay the sum of RM10 million in accordance with the terms of the bond.
Saifuddin claimed that the defendant had failed, refused and neglected to pay the sum which the party was entitled to claim.
He further claimed that under Section 71 of the Contracts Act 1950, Zuraida's resignation as the MP, which she won on the party's ticket using the party's logo, marks, services and support by members, activists, and supporters, had deprived the party of the benefits and advantages of having an MP in the Dewan Rakyat and being part of the executive government.
The plaintiff claimed that he relied on Section 71 to establish the party's right to recover compensation and benefits enjoyed by the defendant having been elected as the party's candidate in the 14th general election as Ampang MP.
He said the defendant has enjoyed the benefits of being elected as the party's candidate and winning the Ampang parliamentary seat and it was therefore unjust for her to retain the benefits without paying compensation for such marks and support she received.
Therefore, the plaintiff is seeking for the defendant to pay RM10 million to the party under the bond.