While he respected the court ruling, it “clearly denied the spirit and the actual intention of the anti-hopping law, thus making it ineffective in enforcement”, Kiandee said in a Facebook post.
There was an urgent need for Parliament to review, amend and strengthen the law, he said. “If Parliament is neither ready nor has the courage to fix the obvious flaws (in this law), then it is better for it to be repealed,” he added.
His comments came after the Federal Court, in a split decision, refused to hear Bersatu’s appeal on vacating the seats held by four of its MPs, who expressed support for Prime Minister Anwar Ibrahim’s unity government.
The court held that it cannot encroach on the powers of the Dewan Rakyat speaker.
Kiandee contended, however, that any law that failed to translate the intention, spirit and objectives behind its creation “is not only weak, but merely exists as a decorative legislation with no real impact on the integrity of the country’s democratic system and the people’s mandate”.
The law should be made capable of curtailing any betrayal of voters’ mandate and ensuring political stability grounded on principles, accountability and responsibility, he said.
The Bersatu suit was filed to challenge a decision by the speaker, Johari Abdul, not to declare casual vacancies in the seats held by Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Jonathan Yasin (Ranau) and Matbali Musah (Sipitang).
Bersatu contended that Johari’s decision was “tainted with illegality”.
The four MPs, then of Bersatu, were elected as direct members of the ruling Gabungan Rakyat Sabah coalition in the 2022 general election, when Bersatu was part of the coalition.
Bersatu was dropped as a coalition member after the general election, and sits in opposition in Parliament and the Sabah state assembly.
Bersatu’s application for leave to appeal in the matter was rejected by the High Court in April 2023, a decision that was affirmed by the Court of Appeal last year. The party then went to the Federal Court.