Hadi-led PAS left Bersatu in the lurch — but Bersatu can hit back with even more lawfare — Phar Kim Beng

On August 13, the conflict between PAS and Bersatu has transformed from a disagreement between political parties to an institutional dispute over who holds authority to define Perikatan Nasional (PN). PAS president Abdul Hadi Awang claimed that Bersatu effectively removed itself from PN by forming another coalition, while PN chairman Ahmad Samsuri Mokhtar insisted that Bersatu remains a component party of PN.

This contradiction raises constitutional issues within the coalition. Bersatu, therefore, has the capability to engage in lawfare, using various institutional, constitutional, and legal avenues to contest decisions they deem violate PN's rules. Bersatu has reportedly turned to the Registrar of Societies following Hadi's assertion about its membership, signaling their intent to challenge PAS's actions.

The dispute could become even more complex regarding Melaka, where PAS may have left Bersatu in a politically and institutionally vulnerable position while providing Bersatu with tools to fight back legally. The key questions involve interpreting PN's constitution, determining the interpretation by one component party, and establishing proper procedures for membership determination and appeals.

Although political dominance does not guarantee constitutional authority, PAS's growing strength within PN raises concerns about potential unilateral actions. Competing factions may refer disputes to the Registrar of Societies, leading to uncertainty and questioning of the registered organisation's adherence to its constitution.

While PAS may believe its numerical and organisational strength allows them to dominate PN, political dominance and constitutional authority are not synonymous. Should Bersatu dispute decisions affecting its membership, participation, or electoral rights, litigation could become an option, potentially damaging PN's legitimacy and creating political risks for BN.

Bersatu's involvement in these disputes could further complicate matters, making BN's negotiations with PAS-dominated PN riskier.