Former prime minister Tun Dr Mahathir Mohamad and five other Parti Pribumi Bersatu Malaysia (Bersatu) co-founders and parliamentarians who were sacked from the party have initiated a legal action against Bersatu president Tan Sri Muhyiddin Yassin and the Registrar of Societies (RoS).
The six filed their lawsuit through Messrs Haniff Khatri at the High Court registry this afternoon.
Mahathir had filed the suit in his capacity as Bersatu chairman, while the five others suing were Mahathir’s son Datuk Seri Mukhriz, as Bersatu deputy president, Syed Saddiq Abdul Rahman as Bersatu Youth chief, former education minister Maszlee Malik, Bersatu Supreme Council member Datuk Amiruddin Hamzah and party secretary-general Datuk Wira Marzuki Yahya.
In a 61-pages statement of claim, they had named Muhyiddin, Datuk Seri Hamzah Zainudin, party organising secretary Captain (Rtd) Muhammad Suhaimi Yahya and RoS director-general Masyati Abang Ibrahim as defendants.
According to the statement of claim, Dr Mahathir and the five others are seeking for a declaration that they are still the rightful members of Bersatu and that their termination letters dated May 28, 2020 was null and void ab initio.
“We are disputing this wrongful, invalid and malicious act as well as the conspiracy to commit fraud and the unlawful wrest of Bersatu and its leadership by Muhyiddin,” said the statement.
They charge that Muhyiddin had abused his power to illegally restructure the party
The group is seeking for an injunction against Muhyiddin and the other defendants from holding any Bersatu meetings or amend the constitution of the party from the day the legal action was filed until the suit is disposed of.
Apart from seeking for their posts to be reinstated, the six plaintiffs are also challenging their membership termination as per the June 4 Bersatu meeting and a declaration that Muhyiddin is not the acting chairman or chairman of Bersatu.
The six want the court to declare the legitimacy of their party membership and positions. They also want the court to revoke the membership of Muhyiddin as well as Bersatu members who are in the cabinet or are heads of government-linked companies or both.
They are also seeking for an injunction against the RoS to prevent it from correcting or rectifying documents related to Bersatu as well as a declaration that Section 18C of the Societies Act 1966 (which states that any decision or matter relating to the affairs of the party shall not be challenged) is not applicable.
The Bersatu constitution does not allow party members to take internal disputes to court. The six said the rule does not apply as they are not considered members. In their lawsuit, they are seeking for 26 court orders.