KUALA LUMPUR: Parti Pribumi Bersatu Malaysia (Bersatu) may pursue legal action against the Dewan Rakyat speaker's decision regarding its six former members' seat status, say political analysts.
However, they raised the possibility of a legal loophole for the "rebels", as the six had pledged their support for the unity government before Bersatu had amended its constitution.
Dr Lau Zhe Wei, who is Assistant Professor with the International Islamic University Malaysia's (IIUM) Political Science Department, said Bersatu had consistently argued
that the six should vacate their seats.
"After amending their party constitution, they required all elected representatives to sign a directive affirming their adherence to the party leadership.
"If they signed, they expressed their intention to remain in the party. If they did not, it implied they were no longer interested in staying," he said.
He noted that since the six MPs did not sign the letter, Bersatu contended that they voluntarily left the party.
"That is why they used the word 'terhenti' or cease to be members.
"Therefore, according to Article 49A of the Federal Constitution, their seats must be vacated," he told the New Straits Times.
Earlier yesterday, Perikatan Nasional (PN) chairman and Bersatu president Tan Sri Muhyiddin Yassin said the party was informed that the six seats would not be vacated.
Speaking at a press conference in Parliament, Muhyiddin, who is also the Pagoh MP, said he received a letter from Dewan Rakyat speaker Tan Sri Johari Abdul on Tuesday evening explaining the decision.
Muhyiddin criticised Johari's decision, claiming that it contradicted the explicit provisions of Article 49A(3) of the Federal Constitution.
He alleged that Johari had overstepped his authority by offering a "twisted" interpretation, arguing that only the courts held the authority to interpret the Federal Constitution.
Lau said Bersatu would pursue legal action against its six former members to prevent further defections.
"If no action is taken, more Bersatu MPs may follow suit, as they would perceive that there would be no consequences," he said.
Another analyst, Dr Ainul Adzellie Hasnul, believed that Bersatu would argue the six MPs had betrayed their electoral mandate by expressing support for the prime minister.
"However, there's a loophole. The six declared support for the prime minister before the party amended its constitution, and retroactivity might not apply."
He also suggested that the court could regard the Nenggiri interim injunction outcome as precedent.
"There's a chance the court will favour Bersatu's argument, but the outcome will hinge on the judge's interpretation."
Gua Musang MP Mohd Azizi Abu Naim, who was Nenggiri assemblyman, initially sought legal intervention but it was dismissed by the High Court, after the Kelantan State Assembly declared the seat vacant.
The Election Commission fixed Aug 17 for the Nenggiri by-election.