Bersatu perlu ke mahkamah jika wakil rakyat keluar parti enggan penuhi tuntutan

Analysts believe the Bersatu issue with a Selangor representative should be taken to court, rather than being automatically considered a punishment. The RM10,000 claim against the Bersatu representative who left the party does not qualify as an automatic sentence but needs to be examined in court based on the documents and agreements signed, said political analyst Mazlan Ali from Universiti Teknologi Malaysia.

Bersatu needs to take the case to court if the representative involved refuses to comply with the party's demand, including withdrawing from their seat. He added that the court will determine if the party's documents, agreements, or foundation documents have legal implications for the representative involved. If not taken to court, the representative's involvement will likely be deemed invalid, he told FMT.

Bersatu's Communications Chief, Tun Faisal Ismail Aziz, warned representatives leaving the party to vacate their seats and pay RM10,000 to the party. He reminded them of the oaths they took when elected as candidates for the parliamentary seat. This warning came after Bersatu Terengganu chairman Razali Idris hinted at joining a new faction and mentioning a new fund in a social media post.

If the elected MP is reluctant to comply with Bersatu's claim, the party has no choice but to take the case to court, Mazlan said. Ahmad Zaharuddin Sani Ahmad Sabri from Global Asia Consulting noted the Zuraida Kamaruddin case, which showed the court could recognize political bonuses but also assess the adequacy of the amount set.

The High Court found the RM10,000 bonus between Zuraida and PKR to be valid and enforceable, but the Court of Appeal later reduced the payout to RM100,000 because RM10,000 was considered disproportionate to the circumstances of the case. The court will examine the nature of the agreement, the responsibilities agreed upon, the breach of contract, and the applicable compensation principle, he said.

"The Zuraida case itself shows that the amount written in a document is not necessarily the amount ultimately given by the court. Moreover, fines and financial threats may exert political pressure, but they do not necessarily prevent a representative from leaving the party."