• 5 months ago
“I am not a ‘postman”, says Dewan Rakyat Speaker Tan Sri Johari Abdul after several Perikatan Nasional MPs took him to task over his
decision to maintain the seats of the six former Bersatu MPs.

Johari said that when the matter was brought to him, he had studied all aspects, including statements regarding the anti-hopping law.

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00:00I would like to invite the Minister of Public Works and Human Resources, Mr. Tan Sri.
00:04What is the regulation?
00:06Regulation No. 99.
00:08Regulation No. 99?
00:09Yes.
00:10Point of order No. 99.
00:12The decision of the Minister of Public Works and Human Resources, Mr. Tan Sri,
00:14is in violation of the TAPSIR Regulations,
00:18or in violation of the regulations in the Constitution.
00:22This is not true, Mr. Tan Sri.
00:23We do not agree with the decision, Mr. Tan Sri,
00:25in any matter that is in the Constitution,
00:29whether it is in writing or not,
00:32or in the form of an advisory,
00:34it is indeed the power of Mr. Tan Sri.
00:36However, referring to Regulation No. 49A,
00:39which I sent to Mr. Tan Sri,
00:41about the information under the Regulation No. 49A,
00:46it is more than an advisory, Mr. Tan Sri,
00:49and more than the power of Mr. Tan Sri
00:51under Regulation No. 99 of the Constitution.
00:55Because in Regulation No. 49A,
00:57if a notice is received,
00:59Mr. Tan Sri,
01:00as noted in Regulation No. 49A,
01:03in Section 3,
01:05if the advisor receives a written notice
01:08from various members of the People's Council
01:10regarding the occurrence of an unexpected vacancy
01:13among the members of the People's Council
01:15under this Regulation,
01:18the advisor must ensure, Mr. Tan Sri,
01:22that the occurrence of an unexpected vacancy
01:25must be ensured.
01:27The advisor in Regulation No. 49A
01:31does not give power to Mr. Tan Sri
01:34other than to ensure the vacancy
01:37and not to make a decision, Mr. Tan Sri.
01:41Not to make a decision.
01:43However, in the two sentences of the letter
01:46that I received from Mr. Tan Sri,
01:48it is very clear that Mr. Tan Sri made a decision.
01:52In fact, Mr. Tan Sri made an interpretation
01:56to the members of the Council.
01:59Members of the Council in Section 9,
02:02in Section 6,
02:06in Section 23,
02:09Mr. Tan Sri in Section 8,
02:11in Section 8,
02:14stated that,
02:16therefore, after reviewing all the documents presented,
02:20I found that the instructions
02:22under Section 13 of the Unified Legislation
02:25are contrary and deny
02:28the rights of the 55 members of the People's Council.
02:32You are interpreting
02:36in the Unified Legislation
02:38that the Unified Legislation
02:41is contrary to the Unification Legislation.
02:44In the second letter, Mr. Tan Sri,
02:46in Section 6, in Section 22,
02:49Mr. Tan Sri stated
02:51the subjudicial action against the members of the Council
02:54that the action is subjudicial
02:56and Mr. Tan Sri did not make a decision.
02:59Therefore, Mr. Tan Sri maintained that the vacancy was not vacated.
03:02These two letters, Mr. Tan Sri,
03:06under Section 49 of the Unification Legislation.
03:11Because in Section 49, in Section 3,
03:14Mr. Tan Sri was only given the power to ensure the vacancy
03:18and not to make a decision.
03:21Moreover, Mr. Tan Sri argued
03:24that the transfer of the membership
03:27was one that has been officially approved by the ROS.
03:33So, how do you reconcile, Mr. Tan Sri?
03:39Mr. Tan Sri used Mr. Tan Sri's power
03:42as if this matter was Mr. Tan Sri's responsibility.
03:45But in fact, Mr. Tan Sri
03:47overestimated Mr. Tan Sri's power under Section 49.
03:50Mr. Tan Sri, yes.
03:52I know that Mr. Tan Sri will say
03:54that we can go to court.
03:56But that is the second matter, Mr. Tan Sri.
03:59The main matter is
04:01that Mr. Tan Sri, as the Chairperson,
04:04must carry out his duties under Section 49A
04:08in a fair, orderly manner
04:11and in violation of the Unification Legislation.
04:16As Mr. Tan Sri said, under Section 49A.
04:20Mr. Tan Sri, when he said
04:22that he supported the transfer,
04:24the existence of Section 49A,
04:27he said that
04:31we cannot allow the Parliament to migrate
04:34because it will destroy the country.
04:36But Mr. Tan Sri's decision
04:38through these two letters
04:40has actually destroyed
04:43the desire and intention
04:45intent and purposes
04:47of Section 49A.
04:50As long as these two letters
04:53are not supported by
04:55Mr. Tan Sri's action and decision,
04:57how do you reconcile this, Mr. Tan Sri?
05:00Because we want clarification.
05:02I want to support Mr. Tan Sri
05:04as the Chairperson supports Mr. Tan Sri's decision.
05:07But the things under the Constitution
05:11must be held and investigated
05:14by Mr. Tan Sri before making a decision.
05:17You are not empowered
05:19to make a decision, Mr. Tan Sri,
05:21but only to ensure
05:23that there is a void.
05:25Thank you, Mr. Tan Sri.
05:27I also touched on the same issue
05:29under Tenet Order 99.
05:31According to the Constitution,
05:33the power to interpret
05:36this Constitution
05:38and any other Constitution
05:40or Constitution
05:42is the power of the Constitutional Court.
05:45Not even a lower court.
05:47Article 128 of the Covenant
05:50is clear in this matter.
05:52In connection with that,
05:54I refer to the notice
05:56issued by Mr. Tan Sri
05:59to Mr. Beluran
06:01about the notice issued
06:03in connection with six MPs
06:05from the United Party
06:07who have been considered
06:09suspended,
06:11ceased to be a member of the United Party.
06:14In this matter, Mr. Tan Sri,
06:16based on the letter
06:18sent by Mr. Tan Sri
06:20to Mr. Beluran,
06:22we want to get an advice.
06:25Under which provision?
06:27If not,
06:29Article 49A,
06:31Article 49A,
06:33Bracket 1,
06:35Bracket A,
06:37and Roman 2
06:39which states that
06:41an MP
06:43who has been suspended
06:45from being a member of the party
06:47is suspended.
06:49In other words,
06:51he is no longer a member of the political party
06:53or ceased to be a member
06:55of that particular party.
06:57Mr. Tan Sri,
06:59this court, not only this court,
07:01all Malaysians
07:03want to get an advice
07:05with full respect
07:07from you, Mr. Tan Sri,
07:09as the only person
07:11and the first person, Mr. Tan Sri.
07:13You are the first person
07:15to decide on this Article 49A
07:17of the federal constitution.
07:21And I also want to ask,
07:23this is because six people
07:25from the United Party
07:27have stated their opinion.
07:31I want to ask,
07:33is there a ruling about
07:35the six MPs
07:37being a binding precedent
07:39for Mr. Tan Sri
07:41in case
07:43there is another
07:45cross the floor
07:47or cross support
07:49from here to there
07:51or from there to here
07:53or six more people
07:55coming back here?
07:57Is that a binding precedent
07:59for Mr. Tan Sri
08:01in the upcoming
08:03cases?
08:05Please, Mr. Tan Sri.
08:11Thank you.
08:35This is Article 85 of the 23rd of July.
08:37I have issued this statement.
08:39This is the only law
08:41that can prevent us
08:43from continuously
08:45polluting our country.
08:47I use the word polluting.
08:49Malaysians, young people,
08:51tap the screen, guys.
08:53This is the only law
08:55that can prevent us
08:57from continuously polluting our country.
08:59It doesn't matter if it's
09:01on this side,
09:03or that side.
09:05But it must be stopped
09:07here.
09:09This statement is quite dangerous.
09:11This is a prayer.
09:13The prayer is, those who jump
09:15can pollute our country.
09:17But today, you support
09:19those who pollute our country.
09:21That's right.
09:23This is an unethical act.
09:25I don't want this.
09:27You should pray.
09:29Pray that those who jump
09:31will pollute our country.
09:33Today, in the parliament,
09:35you, as a speaker,
09:37have supported those
09:39who pollute our country.
09:41I want to say one thing.
09:43I know.
09:45I asked the people there.
09:47The majority of the government
09:49wants this law to be abolished.
09:51This is a big issue.
09:53If we lose,
09:55this is the opinion of the people there.
09:57But they said this is an unethical act.
09:59In terms of technique,
10:01you have committed a mistake.
10:03Why did you move them there?
10:05If they are our people,
10:07why did you move them to Berasing?
10:09They were moved to Berasing.
10:11If they are our people,
10:13why did you move them there?
10:15In terms of technique,
10:17you have shown that
10:19they have left the party.
10:21That's why they lost their clients.
10:23That's the first thing.
10:25The second thing, I'm sorry,
10:27the third thing,
10:29I'm sorry,
10:31I'm sorry,
10:33I'm sorry,
10:35I'm sorry,
10:37I'm sorry,
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16:57I'm sorry,
16:59I'm sorry,
17:01it is my duty
17:03as a member of parliament
17:05that's why I want to remind
17:07if that's the way
17:09this is an agreement
17:11cooperation agreement
17:13to form a coalition government
17:15which is known as
17:17the Malaysian coalition government
17:19for the stability of the
17:21social and inclusive coalition
17:23I remind
17:25in one of the
17:27principles of trust and law
17:29there is a statement
17:31this is the statement
17:33this is the coalition statement
17:35every party
17:37and parties
17:39must ensure
17:41that every member of parliament
17:43vote
17:45according to clause 4A
17:47above
17:49failure, failure
17:51or neglect of doing so
17:53must be considered
17:55as violation of the responsibility
17:57of the members of parliament individually
17:59to the party
18:01this is after the election of Gaya Jelutong
18:05what are you talking about?
18:07that's why
18:09I want to remind
18:11if the MOU has been told
18:13only the party
18:15should decide
18:17because
18:19the party
18:21and the rejection of
18:23the members of parliament
18:25must be cleared
18:27according to
18:29clause 49A
18:311
18:33what is this?
18:35the agreement has been made
18:37the coalition has been formed
18:41don't follow the bait
18:45if we follow the bait
18:47not only
18:49what Tan Sri Tempohari said
18:51I want to let you know
18:53the MOU
18:55is a wrong decision
18:57made by the speaker
19:01this will ruin our institution
19:05if you want us to fight in the court
19:07I would like to tell you this
19:09actually
19:11let them fight me
19:13in the court
19:15whether they are still members or not
19:17it is not
19:19your duty to say
19:21it is my duty
19:23the speaker of Kelantan is right
19:25he made sure that there is a void
19:27then he went to
19:29fight me in the court
19:31to say that I am not
19:33cease to be a member
19:35that is the way, speaker
19:37that is the certainty
19:39that must be included in the MOU
19:43Tan Sri, you want to be the best speaker
19:45and you started
19:47by creating this problem
19:49I ask
19:51Tan Sri to understand
19:53Tan Sri's decision
19:55is a wrong decision
19:57thank you
19:59I want to leave the court
20:01thank you
20:03because I believe
20:05whatever the decision is
20:07because
20:09the speaker should
20:11not follow the agreement
20:13made by
20:15the coalition
20:17speaker, you got to be non-partisan
20:19here, thank you
20:47Tan Sri Speaker
20:49we are not satisfied
20:51with their
20:53ok, sit down
20:55ok
20:57I
20:59ok
21:03ok, I
21:05want to
21:07ok, sit down
21:09everyone sit down
21:11I want to refer
21:13to the media statement
21:15that was issued
21:17by the president
21:19on 10 July
21:23in response to my letter
21:25on 9 July
21:27the coalition
21:29decided to take
21:31steps by appointing
21:33experts to
21:35take action
21:37to strengthen the coalition
21:39and the coalition party
21:41and then take the experts
21:43and besides that
21:45what is being said here
21:47the speaker's actions
21:49that undermined
21:51the coalition party
21:53must be punished
21:55which means
21:57Tan Sri's attitude
21:59towards me
22:01is that I must be punished
22:03I say this, I am not a postman
22:05ok
22:07when I accept
22:09whatever has been given to me
22:11as mentioned
22:13by the speaker, I will make sure
22:15so I will make sure
22:17I will study everything
22:19I will read all the statements
22:21in the amendment
22:25that was made
22:27on 49
22:29so I will make a decision
22:31as I have informed
22:33the speaker
22:35that nothing will happen
22:37that's all, thank you
22:41Thank you

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