On 28 July 2020, YB Najib was found guilty on all charges in the first 1MDB graft case.

The Questions that arise are:

What effect does this conviction have on Najib’s political career, especially his disqualification as MP?

If he loses his seat what is to become of the political stability of the nation?

[1].Will the Government Change?

The answer is No.

Why is that?

That question is important because the parliamentary strength between two opposing parties is evenly balanced right now. Of the 222 seats, if two Deputy speakers are discounted that leaves, 220: which if divided by two, will result in 110 seats.

Will the loss of YB Najib’s one seat have major consequences?

Is that so?

The answer to that is also a ‘No’.

There are five questions that beg answers.

(1).      Is Najib Disqualified from being an MP?

(2).      When does disqualification take effect?

(3).      Royal Pardon.

(4)       Passage of Time.

(5)       What is the effect of an appeal (at the end)?

[1] Is Najib disqualified from being an MP? 

Under Article 48(1)(e) of the Federal Constitution, a person is ‘disqualified from being a member of either House of Parliament if— [2 conditions must be satisfied ]

(e) he has been convictedof an offence by a court of law in the Federation … and

(e) sentenced to imprisonment for a term of not less than one year or to a fine of not less than RM2,000.00and has not received a free pardon; …

[2] When does disqualification take effect?

Article 48(4)(a) says [Notwithstanding all that] ‘Wherean MP becomes disqualifiedfrom continuing to be a member thereof pursuant to paragraph Clause (1) paragraph (e) … —

(a) the disqualification shall take effect upon the expiry of 14 days from the date on which he was— (i) convicted and sentenced;…’

There is a 14 days Grace period, before Najib becomes disqualified. So, assuming his sentence started on Thursday, then the 14 days would start from Thursday.

Najib has not been disqualified as an MP this minute.

[3] Royal Pardon

The King can, under Articles 48(3)¹’48.(1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if— (3) The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the Yang di-Pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person and a person shall not be disqualified under paragraph (f) of Clause (1) by reason only of anything done by him before he became a citizen.’ and 48(4)(c)²‘48(4) Notwithstanding anything contained in the foregoing provisions of this Article, where a member of either House of Parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2)—  … (c) if within the period specified in paragraph (a)or the period after the disposal of the appeal or other court proceeding specified in paragraph (b)there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.’, pardon Najib to remove his conviction. And he becomes qualified again.

[4] Passage of Time 

In absence of a Royal pardon, then 5 years from the date:-

(a) Najib is released from custody

(b) the fine was paid.

[5] What is the effect of an Appeal (at the end)?

If before the 14 days expire, Najib files an appeal, then he is not disqualified until his appeal is heard and disposed of.

Therefore, he cannot be disqualified for 2 reasons:

(1).  he has gotten a stay order; and

(2).  he has filed an appeal

Assuming his appeal is heard in the Court of Appeal and dismissed and then he appeals to the Federal Court, the appeal process is still on.

The appeal may take four to six months to reach the Court of Appeal, assuming that no one takes an adjournment. Assuming he loses at the Court of Appeal and he appeals to the Federal Court, that may take another four to six months.

So, we are not looking at anything prejudicial against Najib for at least another one year.

It is entirely possible for an appeal to be brought forward if it is a matter of national interest. As most appeals had been postponed for two to three months due to the MCO, and considering all the appeals in relation to other criminal matters, the Chief Justice may have to exercise discretion whether or not the appeal should be brought forward as a matter of urgency.

To answer the question, Najib, until his appeal is heard and disposed off is not disqualified as an MP.  But if at all levels of appeal he loses and conviction is upheld. But there is a residual clause, His Majesty the King may grant him a reprieve or pardon in which event it is as if the crime did not take place.

Therefore, there is no risk of prejudice befalling Najib in so far as his parliamentary seat is concerned.