Beware - that our government and MPs do not deceive us by changing the very reason for anti-party hopping laws, and making it laws to allow GREATER Control of party members chosen as peoples' representative.
Speaking up and/or voting against party leadership is not a reason to disqualify a MP. If that be the case, when Muhyiddin, Shafie and Anwar were expelled from UMNO, they would have lost the MPship? Such laws, give more power to political parties to 'Control' MPs - we do not want that. As far as the people want is that we peoples' representatives that truly (or trully STILL represent the people)
Anti-Party Hopping laws is about PEOPLE'S RIGHT to be represented by their representative in Parliament and/or State Legislative Assembly. One significant factor, when people vote for a candidate is the party he is in, and/or whether he stands as an independent - which also means his election promises/manifestos.
- Note the intention is for the immediate disqualification of MPs who leave one party and join another party or become an Independent. It is also to disqualify MPs that stood and won as Independent candidate but subsequently joins a political party. The only INTENTION is give PEOPLE(Voters) the right to be represented by a person of their choice through another by-elections. Remember, the same person may be re-elected or maybe the people will chose another.
It is not to give power to any political party the power to EXPEL a MP - simply to get a chance to get another party member a chance of becoming a new MP. Hence, no disqualification if it is a party expels a member - but YES, there will be disqualification if that MP joins another party thereafter.
Now, in the media, some MPs and politicians want something else - not a anti-party hopping law, but something that gives political parties greater ability to 'enslave' MPs from their party. - see Azalina Othman, not voting as party 'orders' is NOT Party Hopping? Neither is being 'expelled' from your party?
To understand better Anti-Party Hopping laws, see the most recent Malaysian Bar Resolution (September 2021 EGM)
Resolution On ‘Party Hoping’, Removal of MPs and Restoration of Peoples’ Rights in determining who their peoples’ representative MPs and ADUNs are at all times.
WHEREAS
1. Of late, events in Malaysia, have raised again the issue of party hopping in Malaysia of elected people’s representative, which to many is seen to be a betrayal of the people, who many a time voted a particular candidate based on their promises and/or positions usually found in the party’s or ‘coalition of parties’ proclaimed promises or undertakings as contained in Election Manifesto’s and/or other public positions taken by the party under whose ticket that particular candidate contest to be elected the peoples’ a Member of Parliament(MP) and/or State Assemblyperson(ADUNs).
2. When the Barisan Nasional MPs hopped over after GE14 to parties they contested against during the last General Elections, and thereafter some MPs of Pakatan Harapan coalition of 4 parties, or when PKR MPs/ADUNs left the party, the voters of the respective constituency feel betrayed. Voters voted for the BN candidate and against the PH, PAS or other candidates, and now their MP jumps to join one of the PH component parties. Same applies for all party hoppers – the ‘katak’(frogs).
3. The question that reasonably arises is whether these sMPs and/or ADUNs still even have the required support of the majority of registered voters in that particular constituency to continue to remain as the peoples’ representative of that particular constituency. It must be noted that the party under which a candidate contests, and the election manifestos made by the said parties/coalitions is an important factor for the voter when it comes to choosing their representative.
4. It is unjust and a denial of peoples’ rights to allow any such peoples’ representative to continue to be MP or ADUN of the particular Constituency, when in fact he/she most likely no longer have the required mandate or support of his constituents, and his/her continued functioning as the peoples’ MP or ADUN is a lie or a farce.
5. Therefore, in the event of any MP or ADUN, who won an election standing as a candidate of any particular political party or coalition of parties leaves their party to join another party, or to be an independent MP or ADUN, he/she must be considered as automatically no longer the MP or ADUN of that particular constituency, and an Election shall be called to allow the people in the said constituency to choose again their NEW peoples’ representative.
6. Only an immediate elections will suffice, for it is absurd for an MP or ADUN, who have in fact loss the support of his/her constituents to continue to act and/or speak as though he still has the peoples’ mandate and/or support, when he reasonably no longer does.
7. There is also no justification for the peoples’ monies to be used to pay such an MP/ADUNs in the form of salary, allowances and various other benefits. They are no longer the peoples’ representative in the Constituency he claims to represent unless a new Elections proves that he/she still have the support of their constituents.
8. There may be an exception where the said MP or ADUN, did not leave but was expelled by the said political party, and thereafter choose to remain an independent MP or ADUN still committed to the promises and undertaking of the said party as contained in their former party’s or coalition of parties’ Election Manifesto and otherwise.
9. However, the moment that any such independent MP or ADUN chooses to join or publicly support other parties that were opposed to his/her party or coalition of parties on election day, that MP or ADUN ought to be automatically disqualified, and the people should be given the right to choose their NEW MP or ADUN for their constituency.
10. There shall be no BAR for the MP or ADUN, disqualified for these reasons, from contesting again in the elections to choose the new peoples representative in the same constituency or some other.
11. An example of such provisions that disqualifies MPs that jump parties could be seen in Uganda in Article(83) of their Constitution, where it is stated that ‘…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….’
12. Thus, a similar law can and ought to be enacted in Malaysia which will return the power to the Rakyat to choose their new people’ representative, when their elected MP or ADUN changes his/her party affiliation or status to become independent or no longer be an independent.
13. As, it is the Federal Constitution, being Article 48 Disqualification for membership of Parliament, that need to be amended, specifically Art. 48(1) to add on 2 additional situation that results in disqualification. being a new clause (g) and (h)
48 (1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if -
(a) he is and has been found or declared to be of unsound mind; or
(b) he is an undischarged bankrupt; or
(c) he holds an office of profit; or
(d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or
(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
(f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.
(g) If he or she joins another party or leaves the party and decides to remain an Independent member; or
(h) If a member was elected as an independent and joins a party
14. Hence, an Act of Parliament alone is insufficient, but there is a need for the Constitution to be amended.
REMOVAL OF MP/ADUN BY THE CONSTITUENTS
15. Now, in Malaysia today, a Prime Minister cannot remain Prime Minister if he has lost the confidence of the majority of MPs.
16 Likewise, a similar principle should apply to every peoples’ representative – it must be the people in the relevant constituency who then decides whether the same person or some other should thereafter be their people’s representative in Parliament and/or State Legislative Assembly.
17. There can be laws enacted to specifically provide the people, in particular constituencies, the right to remove their elected representative by reasons of loss of confidence and/or support.
18. Similarly, registered voters should also be accorded the right to remove their elected MP or ADUN, or at the very least the right to have another elections to choose a new MP or ADUN. This could be by a signed petition submitted by maybe by more than 50% of the registered voters, or by a number higher than the number of votes obtained by the said MP or ADUN at the last elections. On receipt of the said Petition by the King, Ruler, Election Commission or some other appropriate person or body, the seat will immediately be deemed vacant and a new elections shall be held.
19. There should be no bar to any person so removed as MP or ADUN that prevents them contesting again in the elections, to let the people decide who they ought to be their peoples’ representative.
20. Laws that bar resigning MPs or ADUNs from contesting again should be repealed. After all, it is the people who ultimately decides who they want to be their MP or ADUN.
21. Laws that disqualifies persons after they have served their sentence or paid fines following a conviction for any further period should also be abolished. The people, after all, should be free to elect their representative to Parliament, etc.
22. Current election laws also do not give the Election Commission the power to investigate and prosecute is lamentable. This should be remedied, and the Election Commission should have the power of investigation and prosecution when it comes to crimes related to Elections and/or elected representatives.
Therefore, it is hereby resolved
A) That Malaysia enacts laws now that automatically disqualifies the elected peoples’ representative, including MPs and ADUNs, who leave political parties or change their independent status, AND thereafter there ought to be a new election giving the people the right to choose their NEW peoples’ representative.;
B) That Malaysia enacts laws that gives the people the right to remove their MP or ADUN by reason of loss of confidence, akin to the right of MPs to change the Prime Minister, resulting in an immediate elections for the people to democratically choose their new MP and/or ADUN;
C) That the peoples’ right as to who should be and/or remain the peoples’ representative be respected;
D) That Malaysia amend and reform current Election Laws, including also the repealing existing provisions that bar persons from running for elections for years after they have already served their sentence, be it a prison sentence, paid the fine or some other sentence as ordered by court, which are not only unjust but also encourages discrimination against ex-convicts after they had already served their sentences;
E) That the Election Commission be given the right to investigate and prosecute persons, including subsequently elected representatives, when it comes to crimes related to Elections and/or Election laws
Source: Malaysian Bar Website - Resolutions Adopted at the Extraordinary General Meeting of the Malaysian Bar (Held Virtually on Saturday, 25 Sept 2021)
* For information, this motion was proposed by Charles Hector
See earlier posts:-
'Lompat Party'/ Party Hoping Motion to be discussed at Bar EGM
If interested in the recent Bar resolution on child rights and against gender discrimination, see
Malaysian fathers and Malaysian Mothers must be accorded equal rights - No discrimination based on gender - Bar Resolution
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