The main issue about the need for anti-hopping laws was to protect VOTER or people's rights - the right to be represented by a person of their CHOICE as their MP or ADUNs...so, if a BN or PH or PAS MP changes parties after elections, voters get to vote again to choose the NEW MP - which may also be the same old MP again...or not.
Simple, when an elected MP or ADUN, after elections change parties, then the people wanted the right to DECIDE whether we still want the same person to continue to be their MP or ADUN - so, what we needed was simply automatic disqualification, where a by-election and the people get a right to VOTE again(with of course the 'party hopper' having the chance to contest as well) - and then we will see who the people of the particular constituency wants as their MP or ADUN.
AZMIN ALI - after he left the Pakatan Harapan to join BN and be part of the PN government, the question is whether the people of his constituency wants him still to be their Member of Parliament...after he left PH parties and joined another?
What exactly is the draft Anti-Hopping Bill's contents? We do not know...maybe the PN and BN, and even the different parties know...but we. the people are still in the DARK...
The worry is that the Anti-Hopping Bill, its very purpose, MAY be changed and may now be about protecting POLITICAL PARTIES - and giving parties more 'CONTROL' over the MPs or ADUNs who stood as candidates of their party during elections... In short, it may have shifted from protection of VOTER's RIGHTS to some other thing...
The Secrecy behind the draft BILL is of great concern ...the fear is that the BILL will be tabled and passed fast without even the opportunity for the people's participation...or protest. Unlike other BILLs, this Bill must involve the people directly - and just the MP(the Elected Reps after GE 14 - noting that a lot of them are 'Party Hoppers' - will the party hopper MPs be excluded from the voting, as these party hopper MPs may really be no more the CHOICE of their constituents be their 'wakil rakyat' in Parliament)
What needed to be done was simple, as per the Malaysian Bar Resolution - i.e. a Constitutional Amendment of the provision dealing with the disqualification of MPs
The Malaysian Bar Resolution in 2021 proposed the Malaysian Constitution be amended as follows:-
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)This proposal is similar to what Uganda has....
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
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….’
What is the BILL to be tabled really? Is it an amended Constitution (Amendment) (No. 3) Bill 2022 that will rightly amend Article 48 of the Federal Constitution? Will it be another different Bill?
Note, unless Art 48 is amended - no MP can be effectively disqualified by some other ordinary Act of Parliament?
The AG knows this ...the government knows this - so will it just be a 'SHOW' - which then will be delayed ...we shall see...
See earlier related post:-
Automatic Elections if MP hops to another party? If still enjoy confidence of people, they will get elected again?
Resigning MPs/ADUNs by reason of 'party hopping' must have right to re-contest in by-election that follows
'Lompat Party'/ Party Hoping Motion to be discussed at Bar EGM
Anti-Hopping laws for people - NOT for party to 'enslave' or gag further their members who are MPs? Malaysian Bar Resolution
Automatic Elections if MP hops to another party? If still enjoy confidence of people, they will get elected again?
Party Hopping Bill will not end deprival of voter rights, unless Art. 48 of Constitution amended - disqualifying MPs that change parties after election
Cabinet approves draft anti-hopping Bill, to be tabled in Parliament Monday, says law minister
KUALA LUMPUR, July 14 — The Cabinet has approved a draft anti-hopping Bill that is scheduled for tabling in Parliament on Monday, Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said today.
“The Cabinet meeting held yesterday had no objections and unanimously approved the draft of the Bill,” he said in a statement here today.
An official letter has been submitted to Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun for the draft of the Constitution (Amendment) (No. 3) Bill 2022 to be laid on the tables of MPs for reference in line with Dewan Rakyat Standing Order 60, he said.
Wan Junaidi reiterated the government’s commitment for the second reading of the draft bill to be held on July 27 and 28, subject to the discretion of the Speaker.
He
also said that the special select committee set up to review the Bill
has finalised and confirmed amendments made to the draft report. —
Bernama, Malay Mail, 14/7/2022
Anti-party hopping Bill among highlights in Parliament meeting starting July 18
- Nation
-
Friday, 15 Jul 2022
KUALA LUMPUR: The tabling of the anti-party hopping Bill will be the focus of the Second Meeting of the Fifth Session of the 14th Parliament which will be for three weeks beginning this Monday (July 18).
The draft of the Constitution (Amendment) (No. 3) Bill 2022 and on provisions prohibiting Members of Parliament (MPs) from party-hopping will be laid on the table of the MPs this Monday for their reference.
ALSO READ: Anti-hopping law could be in force by Sept 2, says Wan Junaidi
According to Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar, in a statement two days ago, the bill is proposed for debate on July 27 and 28, subject to the discretion of the Dewan Rakyat Speaker.
Prior to that, he said, engagement session by the Legal Affairs Division and the Attorney-General's Chambers (AGC) with government MPs will be held on July 25 and with the opposition MPs on July 26.
Once passed by the Dewan Rakyat and Dewan Negara, the bill will be presented to the Yang di-Pertuan Agong between Aug 11 and 26 for His Majesty’s consent and then to be sent for gazette between Aug 29 and Sept 2.
The bill was among the matters agreed upon in the Memorandum of Understanding (MoU) on Transformation and Political Stability signed between the federal government and Pakatan Harapan in September last year as a form of bipartisan cooperation which upholds the spirit of the Malaysian Family (Keluarga Malaysia).
The issue on living cost is also expected to be a topic of discussion at this coming sitting, especially with PAS having proposed for a special Parliament session to be held to discuss the matter.
However, Wan Junaidi was reported to have said that there was no need to hold the special session as the MPs could submit motions on the issue during the Dewan Rakyat sitting to be held until Aug 4.
Meanwhile, nine bills are expected to be tabled at this Parliament session for the second and third reading.
They are the National Forestry (Amendment) Bill 2022, Prevention and Control of Infectious Diseases (Amendment) Bill 2021, Offenders Compulsory Attendance (Amendment) Bill 2021, Anti-Sexual Harassment Bill 2021, the Malaysian Border Security Agency (Dissolution) Bill 2021, Poisons (Amendment) Bill 2022, Control of Padi and Rice (Amendment) Bill 2022, East Coast Economic Region Development Council (Amendment) Bill 2022 and the Independent Police Conduct Commission (IPCC) Bill.
The coming Parliament sitting will also see whether there would be an election for the post of Dewan Rakyat Deputy Speaker to replace Pengerang Member of Parliament Datuk Seri Azalina Othman Said.
On Aug 23 last year, Azalina resigned from the post but continued to temporarily shoulder the responsibility of Deputy Speaker throughout the meeting of that session.
During the sitting on Oct 25, Wan Junaidi told the Dewan Rakyat that the election of Deputy Speaker would be postponed to the next meeting.
According to Wan Junaidi, the motion on this matter was originally listed under an Order Paper of the Second Meeting of the Fourth Session but was postponed to enable amendments to be made to Article 57 (1)(b) of the Federal Constitution to increase the number of Deputy Speakers from two to three.
Article 57 (1)(b) of the Federal Constitution states that the Dewan Rakyat shall from time to time elect two Deputy Speakers from among members of the House.
The coming Parliament session will also see Minister of Plantation Industries and Commodities Datuk Zuraida Kamaruddin, who announced leaving Parti Pribumi Bersatu Malaysia last May 26, attending as a Parti Bangsa Malaysia (PBM) representative.
Two other PBM representatives in the house are Julau MP Larry Soon @ Larry Sng Wei Shien and Tebrau MP Steven Choong Shiau Yoon.
With
the Parliament session next week to be held during the transition to
endemic phase, members of the house and staff will be required to adhere
to the stipulated standard operating procedures (SOP), including
wearing face mask in the building, but they no longer need to undergo
Covid-19 test twice a week as was required during the last sitting. -
Bernama, Star, 15/7/2022
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