What legal grounds exist to disqualify Hadi from government posts?

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Legal Grounds Exist to Disqualify Hadi from Government Posts Due to Alleged Seditious Remarks

Two individuals from Sabah have initiated legal proceedings seeking to declare PAS president Datuk Seri Abdul Hadi Awang unfit for any government positions. The lawsuit, filed in the High Court in Kuala Lumpur on December 9, asserts that Hadi committed sedition through remarks allegedly made against Christians in the PAS newspaper Harakah on January 18, 2016. The plaintiffs argue that these alleged actions violate Section 3 of the Sedition Act and demonstrate unfitness for public office, particularly given Hadi's appointment as the Prime Minister’s special envoy to the Middle East, a role with ministerial status.
Allegations of Sedition Against Christians

The core of the legal challenge rests on claims that Abdul Hadi Awang made a seditious statement targeting Christians and Christian missionaries in a 2016 publication. The originating summons filed by plaintiffs Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian states that Hadi’s alleged "unfounded statement" cast aspersions on the Christian community. This statement is said to have impacted the Christian community in Malaysia, thereby constituting a matter of public interest. The plaintiffs contend that these remarks constitute a violation of Section 3 of the Sedition Act.
Lack of Public Prosecutor Action as a Basis for Lawsuit

A significant justification for the plaintiffs' decision to pursue legal action is the perceived inaction by the public prosecutor. The two Sabahans initiated this lawsuit because, after a period of four years, the public prosecutor had not brought any charges against Hadi for the alleged seditious remarks. In their affidavit, the plaintiffs described their action as public interest litigation aimed at vindicating the rule of law, asserting that no other party, including the public prosecutor, had shown an intention to commence proceedings against the defendant.
Claim of Unfitness for Government Office

The lawsuit explicitly seeks a judicial declaration that Abdul Hadi Awang is "unfit to hold any position in the government of Malaysia, including that of a position equivalent to a ministerial post." This request is directly linked to the alleged seditious remarks and the perceived violation of the Sedition Act. The plaintiffs are asking the court to find Hadi guilty of breaching Section 3 of the Act, and based on this finding, to rule that he is disqualified from holding any government posts. This includes his current appointment as the Prime Minister’s special envoy to the Middle East, a position conferred with ministerial status.
Supporting Evidence Filed in Court

To substantiate their claims, the two Sabahans have included various forms of evidence in their court filing. This includes news reports dating from January 2016, when the alleged seditious remark was made, and extending to August 2020. These reports are intended to support the plaintiffs' case and demonstrate the basis for their allegations. The inclusion of these contemporary accounts aims to provide a factual foundation for the court to consider when evaluating the lawsuit.

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What legal grounds exist to disqualify Hadi from government posts?

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