KUALA LUMPUR (Oct 8): Four assemblymen who have switched sides to the opposition filed separate suits yesterday against the Penang government, which was planning to table a special motion in the state legislative assembly to have their seats declared vacant.

The four are: Khaliq Mehtab Mohd Ishaq (assemblyman for Bertam), Zolkifli Md Lazim (Teluk Bahang), Zulkifli Ibrahim (Sungai Acheh) and Dr Afif Bahardin (Seberang Jaya). In their suits, the four named the Penang State Legislative Assembly and Speaker Law Choo Kiang as defendants.

This follows a letter of demand they filed last month to challenge the state government's intention to table a motion to have their seats declared vacant for violating the state's anti-hopping law, which the four claimed was unconstitutional. 

Khaliq and Zolkifli are both members of Parti Pribumi Bersatu Malaysia (Bersatu). Zulkifli's membership with PKR has been suspended, while Afif has been sacked from PKR.

The filing of the suit came despite Penang chief minister Chow Kon Yeow announcing today that the state has postponed the tabling of the motion, due to Covid 19. 

“After considering many factors in this trying time, the state government feels that we must put public health and safety first. Therefore, the State Executive Council at its meeting yesterday decided that we will not carry on with tabling the motion in the upcoming sitting,” Chow told a press conference here today, according to Bernama.

In documents sighted by The Edge, all four assemblymen are seeking a declaration that Article 14A(1) of the Penang constitution is inconsistent with Article 10 (1)(c) of the Federal Constitution in terms of freedom of association, and that the motion for them to vacate their seats is null and void. They are also seeking a restraining order against the state legislative assembly and on its speaker, Law, from allowing the tabling, proposing, debating, voting and passing of the motion.

They further claimed that Article 14A (1) did not exist in Penang's State Constitution, and that the state's legal adviser had advised the previous CM, Lim Guan Eng, to state that the amendment to include the article into the state constitution was invalid.

Article 14(A)(1) of the Constitution of the State of Penang (Amendment) Enactment 2012 states that a member of the assembly shall vacate his seat if he has been elected as a candidate of a political party, has resigned or been expelled from or ceases for any reason whatsoever to be a member of that party, or has been elected as an independent but later joins a political party. Article 10(1)(c) of the Federal Constitution, however, guarantees that Malaysians have the freedom of association.

It is understood that the restraining order or injunction that the four are seeking will be heard tomorrow in Penang.