The internal strife comes as Bersatu president Muhyiddin Yassin is embroiled in his own legal battle, after the Court of Appeal overturned his acquittal in a RM232.5 million (US$49.5 million) graft case. A former prime minister, Muhyiddin is trying to solidify his leadership of Bersatu as the lynchpin party of the Perikatan Nasional (PN) coalition.
Muhyiddin has said that Bersatu’s constitutional amendment, if approved by the RoS, will compel the six MPs to vacate their seats and trigger a by-election, in line with the anti-hopping law enshrined in the Federal Constitution.
But Nusantara Academy for Strategic Research senior fellow Azmi Hassan told CNA that while the anti-hopping law applies to MPs who quit their party, it does not specify regarding MPs who have been dismissed by their party.
“The six Bersatu members will lose their membership, but again they can be independent and keep their seats. So, there is no benefit for Bersatu in this case,” he said.
Dr Azmi said the United Malays National Organisation (UMNO), which Bersatu splintered from, had the foresight to make its election candidates sign an agreement before the 2022 national polls to adhere to the party’s position at all times.
“It looks like UMNO can think for the future, compared to Bersatu which is in a predicament right now,” he added.
“It makes Bersatu look foolish when compared to UMNO, that their constitutional amendment will do nothing to stop the six (defectors).”
Dr Awang Azman Awang Pawi of Universiti Malaya said Bersatu’s top leaders tweaked the party constitution as they were “panicking” about more of their MPs and state assemblymen potentially flocking to support Mr Anwar.
“If its members express support for the government en masse, this will quicken the pace of Bersatu’s downfall,” he said.
Dr Awang Azman said legal challenges could take two to three years to make their way through the courts. And if the amendment is struck down later, this may lead to even more members defecting from the party. Bersatu may then risk losing “political relevance”, said Dr Awang Azman.
Some of the six MPs have expressed confidence the RoS will not approve the party’s proposed constitutional amendments, as they feel it violates their rights as MPs with duties towards their constituents. Others have said they will challenge any approval in court.
Mr Syed Abu Hussin Hafiz – the MP for Bukit Gantang – told local media that other Bersatu lawmakers with intentions of supporting Mr Anwar should come forward and not be afraid of the amendment. “For us, we will continue to be firm and will not vacate any seats until (court) decides,” he said.
PN TRIUMPH IN POTENTIAL BY-ELECTION?
But if the threat of vacating their seats becomes clearer, Sunway University political analyst Wong Chin Huat said the six MPs could retract their allegiance for Mr Anwar, as they might not be confident of winning in a by-election without the backing of PN.
Dr Wong feels PN will likely win all of the seats except Labuan, a federal territory in Sabah which he believes “needs federal funding more than party ideology”.
“UMNO may have a slim chance in Selangor (where the federal seat of Tanjong Karang is located), but PN would likely retain the seats in Kelantan (Gua Musang and Jeli) and upper Perak (Bukit Gantang and Kuala Kangsar),” he said.
Dr Wong said PN would seize the chance to contest a by-election as a platform to campaign on hot button issues likely to cast a negative light on Mr Anwar and his administration, like the depreciating ringgit and the rise in sales and service tax.
“If I was Anwar, I would just tell the defectors to withdraw their support now and vote with the government only when necessary,” he added.