KUALA LUMPUR: Dewan Rakyat Speaker Tan Sri Johari Abdul had erred in understanding the mechanism of the anti-hopping law and disregarded its principles and intentions when retaining the seats of the Bersatu Six.
The Coalition for Clean and Fair Elections (Bersih) said the situation raises concerns about the effectiveness of the law in achieving its original goal of ensuring political stability in the country.
"The speaker had missed an opportunity to enforce and strengthen this law, supported by two-thirds of the Dewan Rakyat, when it was tested for the first time in the nation's political history.
"The speaker's decision will once again create legal loopholes and erode public confidence in the sanctity of the (Federal) Constitution and the rule of law, principles that underpin the Rukun Negara," it said in a statement.
Bersih said the decision will also further deepen the divide between the government and the opposition, making professional cooperation for reforms and freeing Parliament from the constraints of the executive body more difficult.
"It reinforces the perception that the government is more interested in maintaining power than doing the right thing."
Bersih added that Article 49A(1) of the Federal Constitution outlines three reasons for an MP to cease holding office: switching parties, resigning from party membership, or no longer being a party member.
"Bersatu had amended its constitution to stipulate that any member who is an elected representative and does not follow the supreme council's directives will immediately lose his or her membership," the election watchdog said, adding that an infographic from the Legal Affairs Division in the Prime Minister's Office laid out the implications of not adhering to party decisions.
It also said Bersatu's constitutional amendment to include the provision for automatic membership termination for non-compliance with party directives is similar to amendments made by DAP, Amanah and Umno.
"Thus, the speaker should respect the party constitution of Bersatu and other political parties, especially in aligning the enforcement of (anti-hopping laws)."
Yesterday, PN chairman Tan Sri Muhyiddin Yassin said that the Bersatu Six rebels would not vacate their seats despite a notice issued by the party.
This, he said, was as Bersatu had received a letter on Tuesday evening from the Dewan Rakyat speaker regarding the matter.
Bersatu vice-president Datuk Seri Dr Ronald Kiandee had last month sent a notice to Johari on the status of the six rebel MPs.
Earlier today, however, Prime Minister Datuk Seri Anwar Ibrahim had defended Johari's decision as there is an exception to the anti-hopping laws that says that those expelled from their parties would not have to vacate their seats.
He had said the exception was put in as Bersatu had not agreed that those expelled from their parties should have to vacate their seats.
The six Bersatu members of parliament whose memberships were revoked after declaring their support for the unity government were Azizi Abu Naim (Gua Musang), Datuk Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), and Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang) and Datuk Dr Suhaili Abdul Rahman (Labuan).