A good anti-hopping law as it also allows the ADUN/MP who had to abdicate/resign his seat for joining a different party the right to re-contest in the election, brought about by the said 'party hopping'.
This is right thing to do - Malaysian law is that if you resign your seat - you CANNOT re-contest in the subsequent by-elections. Hence the MP cannot go back to the people and get re-elected again - and as such MPs who change parties just do not resign. This bar must be removed.
It is also the right of the people in the constituency to have the right to choose their own 'wakil rakyat' - and disallowing MPs to contest again affect the people's right.
It also affects the right of the elected representative to freedom of choice - I may want to leave BN and join PAS, and I should be given the right to re-contest again and let the people decide whether they want me still to be their rep, or some new BN candidate.
Do people vote for the person - or do they just vote based on what party ticket you are running under?
Rightly, it should be for the person - and naturally the political party under which you stand may have a bearing for it describes the candidate, i.e. the policies and his positions, but at the end of the day it the CANDIDATE - not the political party he then belongs to, not ethnicity, not religious belief....
What do you think? Do you vote a candidate because he/she is standing under this or that political party? Or do you vote in a candidate because of who he/she is - his beliefs, his principles, his character, his history, his values... Is it the person that is the people's rep, or is it the PARTY that is the people's rep?
Anti-hopping law passed by Penang assembly
 |
The
Penang Constitutional Enactment (Amendment) Bill 2012 was tabled and
passed in the state legislative assembly today to curb elected
representatives from party-hopping on their free will.
The enactment was passed by 27 of the 31 assemblypersons, with the four Umno assemblypersons present declining to vote.
Chief
Minister Lim Guan Eng said tabling the Bill was a "historical" act that
included a significant amendment to the state constitution to enable
the law to be implemented.
This, Lim said, was to address the "unhealthy and unethical" culture of switching political parties for personal gain, to promote integrity, accountability and to return to the people the power to choose their state assemblypersons.
"We have witnessed the country in chaos when the federal government seized power from the states in an undemocratic manner, through (acts of) betrayal by party members," Lim said when tabling the Bill
"Other than leaving the party for personal gain, those involved have also betrayed the trust of the people who elected them into office," he added.
No respect for mandate of people in three states
Lim then cited three states where the people's mandate had not been respected - in Sarawak in 1966, Sabah (1994) and Perak (2009).
Such situations should not be repeated, while similar and recurring acts should be made illegal, he said.
Lim said the enactment was drafted by the three component parties of Pakatan Rakyat and based on three important principles:
The enactment includes a Section 14A, ‘Members who change political parties', which requires a state assemblyperson from a particular party who is elected by the people to vacate the seat if he or she switches party or stops being a party member for whatever reason.
A person elected as an Independent member must also vacate the seat if that person joins a political party.
However, Section 14A exempts an elected representative from vacating the seat if his or her party membership is ended by the disbanding of the party or by the cancellation of its registration.
It also includes a situation for a elected representative to give up party membership if he or she is picked as the speaker of the state legislative assembly. - Malaysiakini, 1/11/2012, Anti-hopping law passed by Penang assembly
The enactment was passed by 27 of the 31 assemblypersons, with the four Umno assemblypersons present declining to vote.
Chief
Minister Lim Guan Eng said tabling the Bill was a "historical" act that
included a significant amendment to the state constitution to enable
the law to be implemented.This, Lim said, was to address the "unhealthy and unethical" culture of switching political parties for personal gain, to promote integrity, accountability and to return to the people the power to choose their state assemblypersons.
"We have witnessed the country in chaos when the federal government seized power from the states in an undemocratic manner, through (acts of) betrayal by party members," Lim said when tabling the Bill
"Other than leaving the party for personal gain, those involved have also betrayed the trust of the people who elected them into office," he added.
No respect for mandate of people in three states
Lim then cited three states where the people's mandate had not been respected - in Sarawak in 1966, Sabah (1994) and Perak (2009).
Such situations should not be repeated, while similar and recurring acts should be made illegal, he said.
Lim said the enactment was drafted by the three component parties of Pakatan Rakyat and based on three important principles:
- Sovereignty of the people under the parliamentary democratic system, with the people having the right to choose their representatives;
- Freedom of association for the elected representative, but he or she should vacate the seat if party-hopping during the tenure; and
- On the principle of accountability, elected representatives must be responsible to their voters.
The enactment includes a Section 14A, ‘Members who change political parties', which requires a state assemblyperson from a particular party who is elected by the people to vacate the seat if he or she switches party or stops being a party member for whatever reason.
A person elected as an Independent member must also vacate the seat if that person joins a political party.
However, Section 14A exempts an elected representative from vacating the seat if his or her party membership is ended by the disbanding of the party or by the cancellation of its registration.
It also includes a situation for a elected representative to give up party membership if he or she is picked as the speaker of the state legislative assembly. - Malaysiakini, 1/11/2012, Anti-hopping law passed by Penang assembly
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