Monday, March 02, 2020

Reforms - Leave Party - automatic resignation and elections again, voters power to remove MP for loss of confidence?

BETRAYED - Many who voted for a MP based on the party or the coalition that he stood under at the last elections, feel betrayed when they jump to a different party - worse to a party that was also contesting at that particular elections and LOST..

BN supporters would have been angry when their MPs left BN to join then PH parties ...Now, PH members are angry when MPs left the PH parties - Worse when they now side the coalition that involves BN parties? 

Party Hopping was an issue when Pakatan Rakyat ADUNs jumped ship resulting then in change in Perak government...but PH did nothing about enacting laws to prevent this... Now, so many jumping out of parties...The people feel betrayed..

LAWS needed to govern Members of Parliament, being representatives of the people..


- When an MP 'hops' to another political party, different from the party under whose ticket he stood under, automatically he would result in automatic resignation, followed by an election. (This will return the Mandate to the People)
- HOWEVER, maybe no resignation or re-elections if the said MP is expelled by his party, 
- HOWEVER, maybe no resignation if the MP leaves the party and remains an Independent MP.


The idea of having to keep the same MP until the next Elections when the constituents have loss their confidence in a said MP to be their representative in Parliament is ABSURD. So similar to current law, which forces a Prime Minister to resign the moment he/she loses the confidence of the majority of MPs should apply also to MPs and ADUNs


- An MP can be removed by a signed petition by more than 50% of his constituents who are registered voters, which shall be presented to the Speaker of Dewan Rakyat or Election Commission. Then the seat will be vacated and elections will be held.
[This power of removal of MP is found in several countries]

- Another possibly is that on receipt of a loss of confidence motion from 20% of the registered voters, a REFERENDUM shall be held to determine whether the MP still has the support of the constituents, and in the said Referendum, the said MP fails to get the support of at least 75% of the votes he obtained at the last Elections, it will result in him resigning and the calling of a new Elections. 


According to Article (83) of the Constitution, a Member of Parliament may lose his or her seat in any of the following instances—
  • On resignation in writing to the Speaker;
  • If he or she subsequently ceases to qualify to be a Member of Parliament;
  • If he or she is absent from 15 sittings without permission of the Speaker;
  • If he or she is found guilty of violation of the Leadership Code of Conduct;
  • If he or she joins another party or leaves the party and decides to remain an Independent member;
  • If a member was elected as an independent and joins a party; or
  • On appointment as a public officer.

MPs WHO RESIGN SHALL BE ELIGIBLE TO CONTEST IN THE ELECTION FOR A NEW MP - There should be no Bar to his/her contesting in that elections caused by his resignation and/or removal.

- Being peoples' representatives, things may happen that a MP may no longer have the support of the people in his/her constituency. Then he/she, should be allowed to RESIGN and re-contest in the subsequent elections. [Note getting signed petition of more than 50% of the Constituents is a difficult task] 

OTHER REFORMS - Now in Malaysia, we have 222 Constituencies, and the one who gets the most votes become the MP - so, 222 MPs. 

50 Parliamentary Seats - for party list candidates.
If PAS contested and lost in 50 seats, then all those voters are unrepresented.

The suggested formula:-
Total number of votes obtained by PAS in all its seats it stood and lost.
Total number of votes obtained by DAP in all seats it stood and lost.
and so on so forth...

Then we take the total number of votes in all constituency that was obtained by all losing candidates.

Say if PAS by this calculation received 10,000 votes.
Total votes cast for all candidates not the elected MP - 5OO,OOO

Then the 50 seats are allocated  to parties based on total votes in constituencies they contested and lost.

So, PAS who gets 10,000 votes - gets 1 party list MP.
BN who gets 200,000 will get - 20 party-list MPs
DAP who got 100,000 will get - 10 additional MPs
PSM or MIC who did not win a single seat but got 10,000 votes will get 1 MP each..

This should be a consideration as the first past the post - is not that fair. This way, smaller parties, who cannot win in any constituecies may succeed to get 1 or 2 MPs in Parliament by this system.


- Every decision made in Parliament by vote will not only indicate clearly how many voted in favour, how many against and how many abstained. Names of every MP that voted will be immediately disclosed.

- This transparency is important for the constituents > they know exactly how their MP voted. 

- This will also make the MP significant - as knowing how you voted, means people can target their lobby and advocacy to try to change the MPs position on certain members. Not knowing how MPs voted - makes it impossible for the constituents to know...[After all, events of recent days have shown that many MPs are so fickle minded - their decisions change form A to B to A in a few hours ...they are like 'lallang'] The people want principled MPs...MPs also failed to even consult the very people they represent when the vote or decide on issues that affects people - The responsibility to people - the need to consults people is something for the whole duration they are peoples' representatives - not just for Elections > and thereafter, a 'I decide for you' - I do not need to discuss or get back to the people?????

Now, even the Hansard does not list which MP attended the Dewan Rakyat session - they get RM400 for daily attendance. Do they get this if come and sign in and leave...This allowance should be based on percentage of time in the Dewan Rakyat proper...

Only members of the Cabinet may have an excuse of not being there all the time as they have to perform their duties as Executive ...not anyone else. Every MP knows when Parliament sessions are...they should not fix outside meetings or even court cases on these days... 

Remember the YDP Agung also did not trust the party leaders - he met with each and every MP. So end restriction of freedom of expression and votes of MPs - WHIPS should only be used for very important Bills like Financial Bills or the Budget...nothing else.

Related earlier posts:-




No comments: