Law Politics

Can Najib LEGALLY attend the current Parliament session as an MP?

So, the current Parliament session has just started as of yesterday (3 October), and it’s gonna go on until the end of November. We’re sure the stuff they’re discussing are very important, but here’s what the people actually wanna know: can Najib join in on the festivities even after his conviction?

“Aku pun nak join…” Img by Petra News.

Since you gotta be an MP to attend the Dewan Rakyat proceedings…

 

Is Najib still an MP after being sent to jail?

SHEEEEEEEEEEEESH. Img by The Star.

Short answer: Yes… for now.

Long answer:

According to the Federal Constitution, an MP gets disqualified if he gets convicted and sentenced to more than one year in jail or fined more than RM2,000. However, this disqualification will only take effect 14 days after the date of the conviction, during which they can file an appeal to further postpone the disqualification.

If they’ve already exhausted their appeals like Najib, they can try filing a petition for a pardon from the Yang di-Pertuan Agong during this time. The disqualification is then postponed until the Agong makes his decision. In other words, until the Agong decides whether to pardon Najib or not, Najib’s status as Pekan MP remains intact.

 

Does that mean Najib can go for the current Parliamentary session?

That’s a pretty accurate summary.

Theoretically… yes. Bit hard for someone who’s in prison to go anywhere, let alone attend Parliamentary sessions, though. That’s why Azhar Harun, Speaker of the Dewan Rakyat, said that Najib can join in on the fun… IF the Prisons Department releases him from their custody.

“That is not under my jurisdiction because he is not in my custody. The prisons department has him in their custody, so it’s up to the prisons department to release him from their custody,” – Speaker Azhar Harun in response to Hanipa Maidin, Sepang MP

Will the Prisons Department let Jibby out, subject to conditions and restrictions for the express purpose of Parliamentary proceedings? Guess we’ll just have to see.

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