PETALING JAYA: A by-election in Pekan to replace the vacant seat left behind by former prime minister Najib Razak following his incarceration is unnecessary, says law minister Wan Junaidi Tuanku Jaafar.
Wan Junaidi said there was no need for it as the vacancy would take place less than two years before Parliament’s term is dissolved, Berita Harian reported.
“Vacating seats are not (an) immediate (process), it takes 14 days. During this time, Najib can still apply for a royal pardon,” he said in response to questions on Najib’s status as the Pekan MP following his imprisonment.
“Then, if Parliament is informed that he is disqualified as an MP under Article 48 of the Federal Constitution, his seat will be vacated.
“But, according to the constitution, there is no need for a by-election because the vacancy period is less than two years from the dissolution of Parliament.”
Article 54 of the Federal Constitution states that an emergency vacancy in the Dewan Rakyat must be filled through an election within 60 days from the date the emergency vacancy occurs.
But, if a contingency vacancy occurs within two years from the date of the dissolution of Parliament, then the vacancy cannot be filled unless the number of parties forming a majority in the Dewan Rakyat is affected by the vacancy.
“If there is no pardon, it means he will remain in prison. As an individual found guilty by the court, he is automatically ineligible to contest in elections,” Wan Junaidi said.
Yesterday, the Federal Court affirmed Najib’s conviction and sentence in the SRC International case.
Chief Justice Tengku Maimun Tuan Mat led a five-member bench which also comprised Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and apex court judges Nallini Pathmanathan, Mary Lim and Mohamad Zabidin Diah.
Najib was arrested on July 3, 2018, and charged the following day. His trial was conducted in the High Court for 79 days between April 2019 and March 2020, with a total of 86 witnesses testifying.
He was convicted on July 28, 2020.
