FMT understands that the decision by Dewan Rakyat Speaker Johari Abdul was communicated through email to Bersatu’s chief whip, Ronald Kiandee.
Johari also sent the Beluran MP a text message on the matter.
When contacted, Kiandee did not confirm or deny the matter but said that a press conference would be held by Bersatu president Muhyiddin Yassin at 3pm.
A source from Bersatu meanwhile said Johari had decided against having the six MPs vacate their seats to preserve “stability in Parliament”.
The six MPs are Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Azizi Abu Naim (Gua Musang), Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Suhaili Abdul Rahman (Labuan).
Bersatu said last month that they had ceased to be members after failing to respond to a notice to confirm their loyalty.
This led to Kelantan state assembly speaker Amar Abdullah declaring the Nenggiri seat, which is held by Azizi, vacant.
The Election Commission has since fixed Aug 17 for the Nenggiri by-election.
Johari explains decision
In a letter to Bersatu vice-president Kiandee yesterday, Johari said Bersatu’s decision to terminate Syed Abu Hussin, Azizi, Zulkafperi, Zahari and Iskandar’s membership went against the Federal Constitution, the Dewan Rakyat’s standing order, and the Houses of Parliament (Privileges and Powers) Act 1952.
“All three legislation have guaranteed privileges (such as the) freedom of speech, debate and voting to MPs.
“Therefore, I find that there is no vacancy of seats under Article 49A(1) of the Federal Constitution,” said Johari.
Bersatu terminated the six MPs’ membership on June 12 after issuing notices to the five MPs for violating Clause 10.4 of its constitution and Suhaili for breaching Clause 10.2.6.
Clause 10.4 of Bersatu’s constitution stipulates that any Bersatu members holding positions in the Dewan Rakyat or state legislative assemblies who fail to adhere to directives issued by the party’s Supreme Council, as outlined in Clause 10.5, shall have their Bersatu membership terminated immediately.
Clause 10.5 empowers the Bersatu Supreme Council to issue written directives to any or all of its Dewan Rakyat or state legislative assembly members.
Suhaili’s Bersatu membership was terminated based on Clause 10.2.6 of the party constitution, which states that a party member will have his or her membership revoked if he or she brings any party matter or anything concerning party membership to court.
Suhaili had filed a suit against Bersatu last year for suspending him from the party for six years after he expressed support for Anwar.
“Because this case is currently under the court’s consideration, I do not wish to jeopardise the interests of the parties involved in the court proceedings with my decision.
“Therefore, I find that there is no vacancy of seats under Article 49A(1) of the Federal Constitution,” said Johari.