By Danial Dzulkifly
SHAH ALAM, July 11 — Selat Klang assemblyman Datuk Abdul Rashid Asari, who declared support for the Selangor government in March while a Bersatu member, need not vacate his seat, Selangor Speaker Lau Weng San ruled today.
Lau said Rashid is not bound by an amendment to Bersatu’s constitution that declares lawmakers who go against the party’s decision will be stripped of their membership and must vacate their seats.
The Speaker said the amendment came into force on April 1, after Rashid had switched allegiances.
“There is no documented evidence that the amendments to Bersatu’s party constitution are retrospective before April 1, 2024,” he told the Selangor State Legislative Assembly today.
Lau said while Rashid again declared support for Menteri Besar Dato’ Seri Amirudin Shari at the Kuala Kubu Baharu by-election in May, Rashid’s first statement was on March 6.
“This was prior to the amendments made to Bersatu’s constitution, which were passed and enforced by the Registrar of Societies on April 1.
“Selat Klang’s subsequent expulsion from Bersatu was found to be a form of constructive expulsion under the state’s enactment. The notice and evidence from Hulu Kelang (Datuk Seri Mohamed Azmin Ali, to vacate the Selat Klang seat) did not satisfy the burden of proof that is needed.
“It is safe to say that based on the balance of probabilities, there is no evidence to indicate the need for the seat to be vacated,” he said before adjourning the sitting.
Azmin, who is opposition leader and Selangor Bersatu chairman, submitted a notice with documentary evidence to the Speaker’s office on June 21, confirming Rashid was no longer a Bersatu member and must vacate his seat.
He said this was as Rashid breached party rules by expressing support for Amirudin.
Rashid was stripped of his membership after failing to respond to a letter from Bersatu’s supreme council in May, demanding he pledge allegiance to the party.
Lau’s ruling aligns with a similar decision made at the federal level, where Dewan Rakyat speaker Tan Sri Johari Abdul ruled that six MPs who were stripped of their Bersatu membership for insubordination did not have to vacate their seats.
Johari’s decision was based on an assessment that recent amendments to the party constitution contradict the Federal Constitution and Parliament regulations.
