If a General Election happens anytime soon, Najib will be ineligible to contest. Why is that so? Let’s examine the relevant laws governing the disqualification of MPs and past examples to find out.
Article 48 of the Federal Constitution
The highest law of the land, the Federal Constitution deals specifically with the disqualification for membership of Parliament in Article 48. In this case, Article 48 (1)(e) is the most relevant to Najib’s situation.
Based on the SRC International trial verdict, it may look like Najib has been disqualified as an MP as his sentence is well above the RM2,000 fine and 1-year imprisonment threshold Article 48 (1) prescribes:
Section 23 abuse of power: 12 years jail term and RM210 million fine
CBT: 10 years jail term each
Money laundering: 10 years jail term each
All of the sentencing above will run concurrently, so it would be 12 years in total plus an additional 5 years if he fails to pay the fine. Najib’s lawyer has already said that he is unable to pay the fine since he also has to pay a whopping RM1.6 billion of taxes.
However, as the appeals process for the case is yet to be exhausted, Najib can still serve as a Member of Parliament as per subsection 4 of the same Article.
Specifically, Article 48(4)(b) dictates that if an MP appeals the sentence within 2 weeks (which Najib’s council has already done), he or she would only be disqualified 14 days after the court decides on the appeal.
Meaning that as long as Parliament is not dissolved, Najib will remain as an MP until his final appeal for his conviction. This was confirmed by Dewan Rakyat Speaker, Datuk Azhar Harun
Article 48 and Elections (Conduct of Elections) Regulations 1981 disqualifies him from candidate nomination
Najib may no longer contest in a Malaysian election until he either wins his appeal or 5 years after he has served his sentence.
Najib is now “immediately” disqualified from being nominated, or contesting in elections or being appointed to either the Dewan Rakyat or Dewan Negara.
This ban lasts for 5 years as per Article 48(3):
Furthermore, regulation 7 (d) of Elections (Conduct of Elections) Regulations 1981 will also bar Najib from contesting:
But then again, malu apa bossku?