MM Online:
How long will Najib’s disqualification as an MP be stayed? — Hafiz Hassan
SEPTEMBER 16 — Expectedly, former prime minister Najib Razak filed his petition for a pardon within 14 days of his conviction and sentence. The petition, however, was commented on by DAP stalwart Lim Kit Siang as being filed “almost immediately.”
Lim commented that it was “the first time in the nation’s history where a pardon petition is submitted immediately after conviction and [carried] the implication that the judiciary was wrong to put Najib in jail, an implication that the five judges in the Federal Court had failed the cause of justice in not allowing a postponement of the hearing.”
The Member of Parliament (MP) for Iskandar Puteri may have overlooked Anwar Ibrahim’s petition for a pardon in 2015, which was also filed (August 24, 2015) within 14 days of his conviction and sentence (February 10, 2015) for the sodomy of his former aide.
Why within 14 days? The answer lies in Article 48(1)(e) of the Federal Constitution read with clause (4)© of the same Article. The former reads as follows:
“Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if he has been convicted of an offence by a court of law in the Federation and sentenced to imprisonment for a term of not less than 1 year or to a fine of not less than RM2000 and has not received a free pardon.”
If read with Article 48(4)©, then it provides that if within 14 days from the date of conviction and sentence there is filed a petition for a pardon, the disqualification as a member of Parliament (MP) shall take effect immediately upon the petition being disposed of.
In simple words, the disqualification as an MP will be “stayed” if within 14 days of the sentence the convicted MP files a petition for a pardon. The stay extends until the disposal of his petition for a pardon. (See Joshua Wu Kai-Ming, “Why the Pasir Gudang MP is wrong about Najib’s disqualification”)
That’s the reason for the “almost immediate” filing of the petition for a pardon.
In Anwar’s case, the Pardons Board had considered and deliberated the petition, which was presented through his wife and daughter, to the Yang di-Pertuan Agong for free pardon and on March 16, 2015 His Majesty Yang di-Pertuan Agong rejected the petition and ordered the punishment imposed by the Federal Court on Anwar to take its course.
The facts of Anwar’s petition for a pardon can be seen in Datuk Seri Anwar Ibrahim v Menteri Hal-Ehwal Dalam Negeri [2015].
Anwar’s petition was considered, deliberated and disposed of within three weeks of filing. In other words, his disqualification as an MP was stayed for only three weeks after the filing of his petition.
Anwar’s disqualification as MP for Permatang Pauh was announced by then Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia who informed the Dewan Rakyat that he had received a letter from the Pardons Board.
Najib is expected to have a longer stay since he has also filed for a review of the Federal Court decision which affirmed his conviction and sentence by the High Court.
Article 48(4)(b) allows the stay of disqualification until upon the expiry of 14 days from the date on which the application for review is disposed of by a different panel of the Federal Court.
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