PKR sues Zuraida for RM10 million for breaching bond to party
KUALA LUMPUR: Parti Keadilan Rakyat (PKR) has filed a RM10 million suit against its former vice-president Zuraida Kamaruddin (pix) for allegedly breaching the bond binding her to the party.
The suit was filed by PKR secretary-general Datuk Saifuddin Nasution Ismail on behalf of the party at the High Court Registrar Office through Messrs William Leong & Co on Sept 28.
It is learned that the case management has been set for Oct 27.
The suit was filed by PKR secretary-general Datuk Saifuddin Nasution Ismail on behalf of the party at the High Court Registrar Office through Messrs William Leong & Co on Sept 28.
It is learned that the case management has been set for Oct 27.
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Menteri Telly-Tubby dengan kereta2nya |
In its statement of claim, the party claimed that Zuraida who is also Housing and Local Government Minister has signed a bond on April 25, 2018, binding her to pay RM10 million to the party as stated in the bond’s terms and conditions.
Among the terms and conditions are that the defendant admitted that the party has incurred significant expenses to promote itself and that the defendant also admitted that by appointing her as a candidate and giving her permission to use the party’s logo, emblem, symbol, and flag, the party has further increased the value of the defendant in the amount of more than RM10 million.
PKR claimed that Zuraida has agreed to pay the party a sum of RM10 million at the latest seven days, in the event of several incidents, including, after winning the election on a PKR ticket, she resigns from the party or joins other political parties or becomes an independent elected representative.
Among the terms and conditions are that the defendant admitted that the party has incurred significant expenses to promote itself and that the defendant also admitted that by appointing her as a candidate and giving her permission to use the party’s logo, emblem, symbol, and flag, the party has further increased the value of the defendant in the amount of more than RM10 million.
PKR claimed that Zuraida has agreed to pay the party a sum of RM10 million at the latest seven days, in the event of several incidents, including, after winning the election on a PKR ticket, she resigns from the party or joins other political parties or becomes an independent elected representative.
The party claimed that on or around Feb 24, Zuraida in a statement with 10 PKR members of Parliament (MPs) announced their resignation from the party without her resigning as Ampang MP, and eventually formed a new bloc known as Perikatan Nasional (PN) with other opposition parties including Barisan Nasional, PAS and Gabungan Parti Sarawak (GPS).
PKR said that the federal government led by Pakatan Harapan (PH) was then toppled by PN which saw the defendant being appointed as a minister.
On the same date (Feb 24), PKR claimed that its Central Leadership Council had approved a resolution to strip Zuraida of her party membership with immediate effect and issued a certificate dated July 24 confirming the termination of the membership.
On Aug 7, PKR claimed that it had, through its lawyers, issued a letter of demand requiring Zuraida to pay the sum of RM10 million in accordance with the terms of the bond.
The notice of demand was also published in the party’s newspaper and its news portal Suara Keadilan on July 29, but the party claimed that the defendant had failed/refused to pay the amount in total or part thereof.
The plaintiff claimed that it was entitled to seek RM10 million from the defendant because her resignation as a party member but not as the MP for Ampang, the seat which she won on the party’s ticket using the party’s logo, emblem, flag, services, and support, had deprived the party of the benefits and advantages of having an MP in the Dewan Rakyat and being part of the executive government.
The plaintiff said that it relied on Section 71 of the Contracts Act 1950 to establish its right to recover the remunerations and benefits amounting to RM2,049,459.20 enjoyed by the defendant having been elected as the party’s candidate in the 14th general election as Ampang MP.
As such, the plaintiff is seeking a total of RM12,049,459.20 under Section 71 of the Contracts Act, which comprises RM10 million under the bond and RM2,049,459.20 for the remunerations and benefits the defendant received as an MP and Minister of Housing and Local Government under the PH government, with an interest of five per cent annually as well as other costs and relief deemed fit by the court. — Bernama
PKR said that the federal government led by Pakatan Harapan (PH) was then toppled by PN which saw the defendant being appointed as a minister.
On the same date (Feb 24), PKR claimed that its Central Leadership Council had approved a resolution to strip Zuraida of her party membership with immediate effect and issued a certificate dated July 24 confirming the termination of the membership.
On Aug 7, PKR claimed that it had, through its lawyers, issued a letter of demand requiring Zuraida to pay the sum of RM10 million in accordance with the terms of the bond.
The notice of demand was also published in the party’s newspaper and its news portal Suara Keadilan on July 29, but the party claimed that the defendant had failed/refused to pay the amount in total or part thereof.
The plaintiff claimed that it was entitled to seek RM10 million from the defendant because her resignation as a party member but not as the MP for Ampang, the seat which she won on the party’s ticket using the party’s logo, emblem, flag, services, and support, had deprived the party of the benefits and advantages of having an MP in the Dewan Rakyat and being part of the executive government.
The plaintiff said that it relied on Section 71 of the Contracts Act 1950 to establish its right to recover the remunerations and benefits amounting to RM2,049,459.20 enjoyed by the defendant having been elected as the party’s candidate in the 14th general election as Ampang MP.
As such, the plaintiff is seeking a total of RM12,049,459.20 under Section 71 of the Contracts Act, which comprises RM10 million under the bond and RM2,049,459.20 for the remunerations and benefits the defendant received as an MP and Minister of Housing and Local Government under the PH government, with an interest of five per cent annually as well as other costs and relief deemed fit by the court. — Bernama
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kt notes:
Some argue that the bond was unenforceable as it would violate her (Menteri Telly-Tubby's) constitutional right to freedom of association.
But PKR has not denied Zuraida her 'freedom of association' but only to recover the PKR party's incurred & significant expenses in promoting her as a candidate for GE14 and giving her permission to use the party’s logo, emblem, symbol, and flag - all in all, the party has further increased the value of the defendant in the amount of more than RM10 million.
She has been free to move around as she has done, but she needs to pay back promotional expenses to the PKR party. Just like a student's bond after graduation.
Whatever the merits of the suit, it will not succeed.
ReplyDeleteMuhyddin will make sure of that
yes sue her n see how the court interpret our consti on freedom.
ReplyDelete