The Anti-Hopping Provision is to protect the right of the VOTERS/CONSTITUENTS - not to protect political parties.
Another method how constituents can REMOVE their MP is by way of a RECALL PETITION - If 50% (or less) call for the removal of their MP - then there will be a By-Election - chance to choose a new MP...Good suggestion by UMNO No.2? see below for some discussion on this point...
If the current anti-hopping law is amended to give POWER to Political Parties to be able to disqualify MPs from their own parties. That will be ABUSED - used even to threaten MPs to just follow the views/positions of the party leaders, even when they believe that it will be against the BEST INTEREST of their Constituents and the people of Malaysia.
An Opposition MP can at times support the Prime Minister or the government of the day on particular issues - and likewise a government back-bencher MP can support an opposition view on some issues - That is how Members of Parliament(MPs), who are PEOPLES' REPRESENTATIVES ought to behave in Parliament.
They are not meant to be mere 'seat warmers' who cannot express their OWN view or position or VOTE independently - because they MUST say and do as what their PARTY 'orders' >> that is why our Malaysian MPs are of 'low quality' - and even the people do not respect them - how many MPs get lobbied by the people to push a particular issue or take a particular stand - people do not bother, lobbying party leaders is what they do. MPs are seen as just like 'Santa Clauses' that hand out gifts of money and 'benefits'. They pop up at funerals, weddings, functions smiling, shaking hands and ...
BERSATU 6 - The root cause of the problem seems to be PM Anwar Ibrahim - his decision not to give EQUAL FEDERAL GOVERNMENT ALLOCATIONS to all MPs. So, does the BERSATU 6 really support Anwar in terms of policies and proposed reforms >> or they just wanted the monies, allocations, etc that one gets when they support Anwar? I believe it is the later.
Negotiations after negotiations with Opposition MPs, and still no EQUAL Federal Government allocations to these MPs. What does Anwar want? Some say, Anwar wants the commitment that there will be NO attempt to remove him as Prime MINISTER - we do not know as the contents of these negotiations are still 'secret'.
If so, is this NOT against the Federal Constitution - Art 43(4) Federal Constitution, 'If the
Prime Minister ceases to command the confidence of the majority of the
members of the House of Representatives, then, unless at his request the
Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall
tender the resignation of the Cabinet.' MPs, if they lose confidence in Anwar Ibrahim, they can remove his as Prime Minister at any time.
Confidence of the majority should never be secured by MONIES or the appointment to certain positions in Cabinet, government, government agencies > This should be made a CRIMINAL OFFENCE, as it is really like bribe or corruption. Corruption is also the abuse of entrusted power for private gain.The practice of giving Cabinet positions, appointments to GLC or government positions that PAY such appointees additional monies, the provision of EXTRA allocations for those who support Anwar are things that need to be ABOLISHED.
So, did Anwar Ibrahim commit an offence under Section 23(1) of the MACC Act, '(1) Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.'
Did Anwar abuse his power as PM to give/offer Federal Government allocations to MPs to get their 'support' for him to remain as PM?
So, if the BERSATU 6 received monies or were promised monies, should not someone file a police and MACC report alleging corruption on the part of the Prime Minister, Federal Government, and the BERSATU 6?
SPEAKER's DECISION - No disqualification. I believe it was the RIGHT DECISION - as what BERSATU did was at the end of the day a 'creative' way of expelling its members.
And Anthony Loke is WRONG. Even if a DAP MP is expelled or 'cease to be a member' by actions of the party, he/she too will not be DISQUALIFIED as MP.
DAP secretary-general Anthony Loke believes that his party’s anti-hopping rule is unaffected by the recent speaker’s decision on the six former Bersatu lawmakers.Loke explained that this was because, unlike Bersatu, the party had enacted the provision before the 15th general election. “Therefore, all candidates running under our ticket as DAP party candidates are bound by the provisions in the party’s constitution.“In the case of Bersatu, from what I understand, their situation is somewhat different because the (party) constitutional amendments took place after the general election,” he said.
Let's look at Malaysia's current Election Law - there really is no mention of the need for any candidate to state in his/her nomination papers that he is from which political party. They all stand as INDIVIDUALS really. No mention of POLITICAL Party is the Statutory Declaration of the candidate too.
ELECTIONS ACT 1958
ELECTIONS (CONDUCT OF ELECTIONS)
REGULATIONS 1981
FORM 4
[Subregulation 4(3)]
NOMINATION PAPER
Parliamentary Constituency of* .......................
(1) PARTICULARS OF CANDIDATE
Full Name: ...........................................
(Block Letters)
I.C. No.**: ........................................................
Other names, if any†: ...............................
Occupation, if any†: ...........................................
Residential Address: ......................................................................
Correspondence Address: .............................................................
.....................................................................................................
(2) PARTICULARS OF PROPOSER AND SECONDER
Name in block letters I.C. No.**
Proposer
Seconder
We, the undersigned, electors for the above Constituency nominate the person whose particulars appear above as a proper and suitable person to serve as a member of the Dewan Rakyat for the said Constituency and we certify that to the best of our belief he is qualified for election as a member in accordance with the Federal Constitution of Malaysia.
...........................................................
Signature of Proposer
...........................................................
Signature of Seconder
(3) Name of candidate to be printed on the ballot paper***: ....................
(4) I hereby consent to the above nomination.
...........................................................
Signature of Candidate
Signed by the abovenamed candidate in the presence of:
.................................. I.C. No.** ........................................
(Name of Witness)
Dated .................................... 20.........
...........................................................
Signature of Witness
Address of Witness:
.............................................................
.............................................................
.............................................................
__________________________________________________________________________________
* State the Parliamentary constituency in which the candidate seeks election.
** As shown on Identity Card or temporary receipt issued by the National Registration Department.
† If none, write "Nil".
*** A candidate may omit or specify by initials only his name or any of his names or any part of his name or names.
Statutory Declaration of Candidate - again no mention of political party at all.
ELECTIONS ACT 1958
ELECTIONS (CONDUCT OF ELECTIONS)
REGULATIONS 1981
FORM 5
[Subregulation 4(7)]
STATUTORY DECLARATION OF A PERSON NOMINATED
AS A CANDIDATE FOR ELECTION AS A MEMBER OF
THE DEWAN RAKYAT
I, .....................................................do solemnly and sincerely declare that:
1. I am duly qualified to be elected as a member of the Dewan Rakyat in accordance with the Constitution of Malaysia.
2. I am not disqualified by any of the provisions of the said Constitution or any other written law for election as a member of the Dewan Rakyat.
I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1960.
Subscribed and solemnly declared by the abovenamed
...........................................................................................
at ....................................................................................
in the Federal Territory/State of ........................................
this ................... day of ......................................... 20.......
................................................
Signature of Candidate
Before me,
..............................................................
(Signature of Sessions Court Judge,
Magistrate, Commissioner for Oaths,
State Elections Officer for the State in
which the Constituency for which the
person seeks election is situated, or the
returning officer for such Constituency
The only time a political party comes into the election process is in determination of the LOGO that the candidate will or can use. The candidate need submit ' on production by the
candidate of a written authority signed by a responsible official of the
party authorising the candidate to use such party symbol for the
purposes of the election.'
11 Contested elections ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS 1981 )
(2) (a) The returning officer shall by lot determine the order in which the names of the candidates shall appear on the ballot papers.
(b) Subject to this paragraph, the returning officer shall assign to each candidate a symbol approved by the Election Commission by such means as he thinks appropriate.
(c) For the purpose of this paragraph a political party may submit to the Election Commission for its approval and for registration, if so approved, a symbol, which in this paragraph is referred to as a "party symbol", for the use of its candidates at any election.
(d) In lieu of a symbol assigned in accordance with subparagraph (b), a returning officer shall on the request of any candidate, assign to him a party symbol:
Provided that no party symbol shall be so assigned except on production by the candidate of a written authority signed by a responsible official of the party authorising the candidate to use such party symbol for the purposes of the election.
Thus, there is no real requirement for the candidate to be a MEMBER of that political party who gives him/her permission to use Party Logo. If he wants to use a party symbol - he needs '...a written authority signed by a responsible official of the party authorizing the candidate to use such party symbol for the purposes of the election...' Yes, normally, they are party members - but even a non-party member can get permission to use a party symbol.
In GE14, before Pakatan Harapan was registered as a political party, all candidates of that coalition had to use the PKR logo.
Maybe the Election Act need to be amended - to require candidates to categorically state which Political Party they are standing for - The Nomination Form and the SD.
And, of course if they stand for a particular party - that party's logo must be used - not some other political party.
Pakatan Harapan and Perikatan Nasional are now POLITICAL PARTIES registered in Malaysia - so, candidate must decide on ONE party. BERSATU or Perikatan Nasional? DAP or Pakatan Harapan?
In GE15, most candidates used the Pakatan Harapan(PH) symbol or the Perikatan Nasional(PN) symbol to contest elections.
Wondering whether the BERSATU 6 contested using the BERSATU symbol, or did they use the PN symbol.
If the stood as PN candidates - then BERSATU theoretically have no right to write to the Speaker...only Perikatan Nasional does...
Article 49A - deals with change in member's political party - so, if they stood as a PH party candidate, they will lose their membership if they leave PH on their own??
Prime Minister Anwar Ibrahim has defended Dewan Rakyat Speaker Johari Abdul’s decision not to vacate the seats of six MPs who recently ceased to be Bersatu members, saying the ruling is consistent with the law.
Prime Minister Anwar should not have defended the Speaker. This was a Parliamentary affair(Legislature), so the head of the Executive Branch should not interfere. However, Anwar as MP and head of the government supporting MPs can give his view. MEDIA was wrong?
RECALL PETITION - sometimes, there are OTHER reasons, other than party hopping, that the people(the constituents/voters) want to get rid of their sitting MP. -
A recall petition is the process by which an MP can lose their seat in the House of Commons.
Voters in the relevant constituency will have six weeks to sign the petition. By signing a recall petition, voters are saying they want their MP to lose their seat. Only those who want to see the MP removed need to sign the petition.
If at least 10% of voters in the constituency sign the petition, the MP will lose their seat and it will trigger a by-election. The recalled MP can stand as a candidate at the by-election.
MP Peter Bone has lost his seat after being removed by constituents in a recall petition, meaning a by-election will be held next year.
The move came after he was suspended as an MP over bullying and sexual misconduct claims, which he denies. - BBC, 20/12/2023
Personally, a RECALL PETITION should be available to the voters/constituents for any reason whatsoever. When candidate, he promised to do this - but after being elected, he BREACHED his promise - good reason for a RECALL Petition. A MP says 'Malaysia should support Israel' - again voter/constituents should have the right to RECALL Petition. A MP in Parliament makes a comment disparaging of WOMEN, again a reason that Constituents may want to RECALL a MP.
How many constituents are needed? Maybe more than the number of votes obtained at the elections that made him/her MP? Or maybe 20% of the total number of constituents - on achieving this EC shall conduct a REFERENDUM, and if the majority support the removal of an MP, the said MP shall be removed. The so-removed MP has the right to contest in the By-elections that follows.
PROTECT the RIGHTS of VOTERS/Constituents - but NOT Political Parties, because in Malaysia we are dealing with PEOPLES' REPRESENTATIVES - not Party representatives.
Tok Mat proposes recall petition for anti-party hopping law reform
KUALA LUMPUR, July 13 — Umno deputy president Datuk Seri Mohamad Hasan suggested that the government introduce a recall petition in line with the legal amendments to the anti-party hopping law.
He said the move is currently practised in the United Kingdom, where an MP can lose their seat after voters in the relevant constituency sign a petition to remove them for switching parties, English daily The Star reported today.
“I personally view that it is better to do so (amend the anti-party hopping law), or we could also introduce a recall process as currently practised in the United Kingdom.
“Under the recall process, any MP who defects from their party can be removed if more than 50 per cent of their voters support a petition for their removal.
“This will then trigger a by-election in the relevant constituency,” he told reporters after officiating the Tenggara Umno division meeting at Dewan Felda Sungai Sayong earlier today.
Mohamad was commenting on Prime Minister Datuk Seri Anwar Ibrahim’s intention to introduce legal amendments to close any gaps in the anti-party hopping legislation.
He said the anti-party hopping law was originally proposed by Umno after some of its MPs switched parties following the 14th General Election in 2018.
“We proposed very strict laws under the reformation and law cluster to ensure our country no longer faces threats from MPs who prioritise their personal agenda over serving the people.
“But this proposal was rejected by those who were once forming the government back then.
“They did not agree that any MP who crosses the floor or supports the opposing party should lose their seat and be expelled from their political party,” he was quoted as saying.
Earlier today Anwar said the government is open to discussions on making legal amendments to the anti-party hopping law.
He said Pakatan Harapan proposed such amendments in 2022, but its suggestion was rejected by the government at the time. - Malay Mail, 13/7/2024
Loke explained that this was because, unlike Bersatu, the party had enacted the provision before the 15th general election.
“Therefore, all candidates running under our ticket as DAP party candidates are bound by the provisions in the party’s constitution.
“In the case of Bersatu, from what I understand, their situation is somewhat different because the (party) constitutional amendments took place after the general election,” he said.
Dewan Rakyat speaker Johari Abdul had rejected Bersatu’s bid to remove six MPs who had their party memberships forfeited after failing to abide by updated rules.
The rule, similar to those implemented by DAP, Amanah, and Umno, punishes rebels by forfeiting their membership.
In Johari’s letter sighted by Malaysiakini, the speaker argued that Bersatu’s rule went against the Federal Constitution and Parliament rules that guaranteed MPs’ freedom to speak, debate, and vote.
However, the speaker made no mention of the rule being defective because of when it was enacted, contrary to Loke’s argument.
DAP in strong position against hopping
Elaborating, Loke said that unlike those who contested under the DAP banner during the last general election, the Bersatu six were neither aware of the provision nor bound by it.
“However, the speaker is entitled to his view on the matter. Of course, he based his view after consulting the Attorney-General’s Chambers.
“From DAP’s perspective, it does not affect what we have implemented within the party,” he stressed.
Loke said he was confident that the party would have a strong case if the party made a similar request to the speaker, should one of its lawmakers go against the party.
“If today someone goes against the DAP’s decision and we request the speaker to vacate that seat for us, we have a strong case.
“Every
DAP candidate who contested is bound by that condition and the
constitutional provision. So that is the difference between DAP’s
provision amendment and Bersatu’s,” he said. - Malaysiakini, 10/7/2024
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