Can Bersatu MPs be sacked for defying party orders?

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Bersatu MPs May Face Membership Cessation for Defying Party Orders

Parti Pribumi Bersatu Malaysia (Bersatu) MPs can face immediate cessation of their party membership if they defy orders from the party's supreme council, according to recent amendments to the party's constitution. This change, enacted on March 2, introduces specific clauses to address instances where elected representatives do not comply with directives, a departure from previous disciplinary actions that primarily involved suspension. The party is proceeding with caution regarding the implementation of these measures, considering potential legal ramifications and the broader interests of the party and its voters.
New Constitutional Clauses Address Non-Compliance

Bersatu's extraordinary general meeting on March 2 resulted in the addition of three sub-clauses to its party constitution. Specifically, Article 10.4 now stipulates that any Bersatu member serving as a Dewan Rakyat or state legislative assembly member who fails to adhere to supreme council orders, as outlined in Article 10.5, will be deemed to have their membership immediately ceased. This provision aims to enforce party discipline among its elected officials.
Supreme Council Authority and Notification Process

Article 10.5 empowers the Bersatu supreme council to issue written orders to its Members of Parliament and state assembly members. Following these orders, the party's secretary-general, acting on the supreme council's directive, is responsible for issuing a formal notice to the non-compliant member. This notice officially confirms the immediate cessation of their membership and its removal from the party's registry.
Legal Considerations and Cautious Approach

While the amended constitution provides a framework for addressing defiance, Bersatu secretary-general Datuk Seri Hamzah Zainudin has emphasised the need for caution. He indicated that legal advice has been sought, and the party is carefully considering the terms such as "fired," "aborted," and "stopped" before making definitive decisions. This measured approach acknowledges potential legal complexities, including those related to Article 49A of the Federal Constitution, which governs circumstances under which individuals cease to be party members, and its specified exceptions.
Precedent and Potential Electoral Impact

Previously, Bersatu's disciplinary actions against MPs were limited to suspending their membership. The new constitutional provisions allow for a more definitive severance of ties. The party's leadership, including chairman Tan Sri Muhyiddin Yassin, has expressed confidence in retaining seats should by-elections occur due to such defections, anticipating strong voter support. This confidence stems from the belief that the electorate in these areas remains loyal to the party, even if individual representatives shift their allegiances.

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Can Bersatu MPs be sacked for defying party orders?

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