Bersatu’s RM10mil demand against defectors must stand up in court, analysts say

The RM10 million claim against Bersatu elected representatives who leave the party cannot be regarded as an automatic penalty, but instead be taken to court for a ruling based on the documents and agreements they signed, according to analysts.

Mazlan Ali of Universiti Teknologi Malaysia said Bersatu would have to take the matter to court if its elected representatives refused to comply with the party’s demands, including vacating their seats.

He said the court would have to determine whether the documents, pledges or provisions in the party constitution relied upon by Bersatu are legally binding on its representatives.

“If the matter is not brought to court, the lawmakers involved will certainly not comply with the demand,” he told FMT.

Mazlan was commenting on a warning by Bersatu information chief Tun Faisal Ismail Aziz to elected representatives who leave the party to vacate their seats and pay RM10 million to the party.

He reminded them of the pledge they had made when they were selected as election candidates.

The warning came after Bersatu Terengganu chief Razali Idris hinted that he might join a new party following a social media post referring to a “new platform”.

“If the MP concerned is adamant and refuses to comply with Bersatu’s demands, the party has no choice but to take the matter to court,” Mazlan said.

Ahmad Zaharuddin Sani Ahmad Sabri of Global Asia Consulting said the Zuraida Kamaruddin case showed that the courts could recognise political bonds, while at the same time assessing whether the amount stipulated was reasonable.

In 2023, the High Court found the RM10 million bond between Zuraida and PKR to be valid and binding.

However, the Court of Appeal later reduced the amount payable to RM100,000, ruling that RM10 million was disproportionate to the circumstances of the case.

“The court will look at the nature of the agreement, the obligations agreed upon, the circumstances of the breach and the applicable principles of compensation,” he said.

“The Zuraida case itself shows that the amount stated in a document is not necessarily the amount that the court will ultimately award.”

Last month, the Federal Court reserved its decision on PKR’s appeal to reinstate a High Court ruling ordering Zuraida Kamaruddin to pay RM10 million for breaching a party bond.

He added that while a pledge and financial threats could exert political pressure, they would not necessarily prevent elected representatives from leaving the party.

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