THE departure of Datuk Seri Rafizi Ramli and Nik Nazmi Nik Ahmad from PKR has now been officially confirmed, with both leaders voluntarily vacating their parliamentary seats of Pandan and Setiawangsa respectively.
Their move follows the recent takeover of Parti Bersama Malaysia, led by Rafizi and Nik Nazmi, from the party’s founder and long-time president, Tan Gin Theam. The announcement was made a day before written notices were submitted to the Dewan Rakyat Speaker and PKR secretary-general, prompting questions over whether the duo had attempted to avoid falling foul of the Anti-Party Hopping Law.
PKR secretary-general Datuk Dr Fuziah Salleh has since announced that the party will seek clarification from the Dewan Rakyat Speaker on whether the actions of Rafizi and Nik Nazmi contravene provisions under the anti-hopping legislation.
She also indicated that the party may review the involvement of several PKR lawmakers who attended the takeover announcement, including Wong Chen (Subang), Bakhtiar Wan Chik (Balik Pulau), Rodziah Ismail (Ampang), Zahir Hassan (Wangsa Maju), and Lee Chean Chung (Petaling Jaya).
The takeover announcement was widely viewed as a political statement by Rafizi and Nik Nazmi, signalling their intention to establish Parti Bersama Malaysia as a new force in national politics while carefully navigating the anti-party hopping provisions.
Should the Dewan Rakyat Speaker determine that the two parliamentary seats are officially vacant under Article 54(1) of the Federal Constitution, by-elections would ordinarily need to be held within 60 days.
Rafizi and Nik Nazmi have reportedly framed their decision as an effort to uphold political principles and return the mandate to the people rather than pursue personal ambition. Both leaders may also believe they stand a strong chance of retaining their seats, given their political prominence and previous roles within PKR and the MADANI administration.
However, there are constitutional limitations that could prevent by-elections from taking place.
Firstly, no by-election is required if a vacancy occurs less than two years before the expiry of Parliament’s five-year term under Article 55(3) of the Federal Constitution. This threshold was previously six months before being amended to two years.
If this provision applies, voters in Pandan and Setiawangsa could remain without parliamentary representation until the next general election.
Secondly, even if the vacancies occur within the two-year period, a by-election may still be called if the Dewan Rakyat Speaker notifies the Election Commission that the vacancies affect the numerical strength of the ruling coalition in Parliament.
At present, the MADANI coalition continues to hold a comfortable parliamentary majority, including more than a two-thirds majority, meaning the loss of the two seats is unlikely to affect the government’s stability.
Attention will now shift to whether Rafizi and Nik Nazmi can successfully position Parti Bersama Malaysia as a credible political contender ahead of the next general election.— Editor’s Desk
