KUALA LUMPUR: Former PKR Vice President Zuraida Kamaruddin failed to come on a scheduled date for the political party to file a RM 10 million lawsuit for alleged breach of a bond she had with the party had bound.
PKR attorney William Leong said the high court had been informed that Zuraida did not show up on the proposed date on November 9 to deliver documents.
“We are in the process of contacting their office to schedule an appointment to have the cause papers delivered to them,” he said when contacted.
The case was e-reviewed in front of Assistant Registrar Norhatini Abd Hamid for Case Administration and assisted by Attorney Chiew Choon Man for PKR on Monday (November 16).
Leong said the court has set December 3 for further case management.
On September 28, PKR General Secretary Datuk Seri Saifuddin Nasution Ismail filed the lawsuit against the law firm of Messrs. William Leong & Co in his lawsuit on behalf of the party, naming 52-year-old Zuraida as the sole defendant.
In the statement of claim, Saifuddin said that Zuraida had entered into a loan, under which she undertook to pay the party an amount of RM 10 million according to the conditions set out.
The terms of the bond include that the defendant agrees to pay the party 10 million RM no later than seven days after the party’s resignation from the party, to join another political party or to be an independent elected representative after the Defendant won the election with a PKR ticket.
Saifuddin said that Zuraida and 10 other PKR Mps announced their resignation from the party on February 24 and that Zuraida had left the party without stepping down from her elected post as Ampang MP.
He said Zuraida and the other MPs, Parti Pribumi Bersatu, Barisan Nasional, PAS and Gabungan Parti Sarawak and others then formed a new bloc known as the Perikatan Nasional.
This led to the collapse of the Pakatan Harapan government, allowing Perikatan to take over the reins. Zuraida was appointed minister in the new government.
On the same day, the leadership of the PKR approved a resolution to terminate Zuraida’s membership in the party with immediate effect.
Saifuddin, in his capacity as general secretary, issued a certificate dated July 24th to confirm that Zuraida ‘s membership was terminated.
PKR said it had issued a letter of formal notice dated August 7th asking Zuraida to pay the 10 million RM under the terms of the loan.
The call for proposals was published on July 29 in the newspaper and portal of the Suara Keadilan party.
Saifuddin said Zuraida failed, refused and failed to pay the amount or part of it and therefore was entitled to claim the amount from it on behalf of the party.
The plaintiff said he relied on the provisions of Section 71 of the 1950 Contracts Act to establish his right to reimbursement of compensation from the defendant.
He went on to say that the defendant enjoyed the benefits of being elected as the party’s candidate and winning the Ampang MP’s seat and that it was therefore unfair for the defendant to maintain the benefits without paying compensation for the assistance that she received.
The plaintiff asks the defendant to pay the party 10 million RM under the loan, or alternatively the amount of 12,049,459.20 RM – including 2,049,459.20 RM for the remuneration that the defendant as MP and the Minister of Housing and Local Government – pursuant to Section 71 of the Act.
The plaintiff will also seek interest at a rate of 5% per annum from the date of the subpoena to the full and final settlement, costs and other reliefs deemed appropriate by the court.
In an immediate statement, Zuraida claimed the lawsuit was “an absurd lawsuit in court” and “utterly frivolous”.