BERSATU amending Constitution in attempt to get BERSATU(or rather PN) MPs who expressed support for Prime Minister Anwar Ibrahim to suffer the Anti-Hopping law consequence - be disqualified, and hence a by-elections.
IT WOULD NOT WORK -
1) The Anti-Hoping provisions is meant to protect the PEOPLEs' RIGHTS - not political parties. People choose and elect their peoples' representatives, the MP.
2) When a MP stands for elections under a particular party, he represents to the people that he/she support the party's position on different subject matters, and even what is stated in the said party's election Manifestos. Hence, after being elected MP, if the leave the said party - this is an ACT OF BETRAYAL to the people who voted for them, that is WHY THEY ARE DISQUALIFIED, and the people get another chance to choose the MP of their choice.
3) The Anti-Party Hopping law is not meant to give political parties control over their MPs - so a political party cannot THREATEN any MP to do as per what the party or leadership commands and if not, end up being disqualified. After all, the MP is the people's representative and their loyalty is FIRST to the people of their constituency. That is also WHY if a political party EXPELS a MP - he/she is NOT DISQUALIFIED, and continues as MP for their constituents.
4) However, the moment any expelled MP joins another political party, he will automatically be disqualified.
5) The BERSATU MPs, or rather the PN MPs who now have expressed support for PM Anwar Ibrahim have not left BERSATU/PN and thus is not DISQUALIFIED.
6) The Anti-Party Hopping is RIGHT > It cannot be used by political parties to control their MPs...
7) BERSATU now amended its constitution - but it is of no use, as it is definitely UNCONSTITUTIONAL..
8) Secondly, no Party Constitution amendment is valid UNTIL the Registrar of Societies(ROS) says OK - our draconian Societies Act do not even give Societies to change their rules/Constitution by themselves.
9) In this case, the ROS would most likely reject the Constitution Amended at recent BERSATU General Meeting - WHY? Because it goes against the Federal Constitution - but then, this is Malaysia - and maybe the Home Minister will step in and grant an 'exemption'?
ANOTHER ISSUE related to the Anti-Hopping laws - The said BERSATU MPs did not stand as BERSATU candidates in GE15 - but as Perikatan Nasional(PN)'s candidates, a registered political party whose members include BERSATU.
So, these MPs will only be disqualified when they leave PERIKATAN Nasional? So when and how do a MP leave PN - for that we need to look at PN's Constitution itself.
Does the PN Constitution say that when a MP leaves a PN Member Party, like BERSATU - what happens to that MP? Is he still a PN MP? What is a BERSATU MP leaves BERSATU and joins PAS - he still remains a PN MP? Does PN Constitution allow for individual members?
Can a MP from BERSATU leave BERSATU, and still remain a PN MP? According to the Anti-Party Hopping law in the Constitution, it is ONLY when a PN MP leaves PN that he will be disqualified...
ANY MP MUST BE INDEPENDENT TO SUPPORT, ABSTAIN OR OBJECT ANY LAWS OR MATTERS RAISED IN PARLIAMENT OR OTHERWISE... POLITICAL PARTIES ARE NOT SUPPOSED TO DEMAND THAT THEY ACT/VOTE AS THE PARTY ORDERS - THIS IS UNDEMOCRATIC and unconstitutional.
If the constituents want end to TOL Highways, the MP must campaign and vote for the abolition of toll highways - even if the Political Party says it wants tol highways...
However, in Malaysia, MPs simply do not have the freedom to represent the constituents - or make decisions, as to what the constituents want. They are many a time 'forced' to vote as the party commands - and a few MPs are BRAVE enough to even have a different view from their party leadership...And in most parties, the membership has NO SAY in the candidate, it all depends on the leadership - Where is the DEMOCRACY?
That is WHY people simply have NO or little RESPECT for their MPs - they do not even lobby their MPs to push for certain positions in law or policy - as they know their MPs are just 'Party Slaves' or YES-MEN.
We need more GOOD MPs who will act on their conscience and values, and not simply be obedient party members... > In that case, Hassan Karim stands out as an exceptional MP, who is brave enough even to criticize even Party President and Prime Minister Anwar Ibrahim...We need MORE MPs like that - yes they may fully support party position in most things or fundamental issues - but they will also protest and speak out when something is not RIGHT...
In Malaysia, if the culture 'do as my party commands' continues, is there really any need for 222 MPs to attend Parliamentary sessions - is it not enough for just party leaders/reps to be present. After all, Malaysian MPs are not free to express their own views...
So, when the BERSATU 6 said they support Anwar, and presumably have confidence in Anwar being PM - there should be nothing wrong with this. Tomorrow, they may OBJECT to a law or something that the government proposes...
Any POLITICAL party is just like Malaysia - where there are people that support Anwar as PM and those that do not. We see this support expressed during party elections - does a party EXPEL all who did not support the elected leader? No, we do not - we accept all, for they share common values and principles of the party > but not necessarily agree with all the things the leadership says all the time...
The BERSATU six have not left BERSATU or PN >> so really there is NO NEED to change their seats in Parliament, is there.
NOW, if there was THREATS, BRIBES, CORRUPTION that led them to shift the support to Anwar, then it should be a CRIME to be prosecuted. But, if they are doing so of their free will - then it is OK.
Did the UNITY government bribe with offer of monies, positions in GLCs or government agencies, etc >> if YES, it must be a CRIME -
PARLIAMENTARY REFORM - Votes usually taken are not even counted - it is dependent on VOLUME odd. This must change people need to know HOW exactly their MP VOTED - YES, NO or ABSTAINED > the restoration of the right to freely vote is important for the return of RESPECT to individual MPs. And the people must know how his/her MP voted > then more constituents will go lobby MPs to take a particular position on a Bill or a provision of a Bill. (Now, many see as no use, because many MPs just do as ordered by party - too afraid to take a position against party/party leadership - FEUDALISM or NEO FEUDALISM lives on, and DEMOCRACY is sidelined.
See how BERSATU leadership wants to control its MPs/ADUNs - do as the leadership says, not what your constituents want - not what you fell it right ...
These three provisions comprise Article 10.4, stipulating that any Bersatu members holding positions in the Dewan Rakyat or state legislative assemblies who fail to adhere to directives issued by the party’s supreme council as outlined in Article 10.5 shall have their Bersatu membership terminated immediately.
The additional sub-clause, Article 10.5, empowers the Bersatu supreme council to issue written directives to any or all of its Dewan Rakyat or state legislative assembly members.
Do we want peoples' representative (wakil rakyat) who have no choice but follow what the leadership of their party says. Should not MPs represent the people of their constituency, or be FREE to act according to his/her values and principles, after considering party position????
BERSATU amending its constitution is useless, as I believe all of them contested Perikatan Nasional MPs - so, what does the PN Constitution say about expelling MPs?
WHAT CAN THE CONSTITUENTS DO TO REMOVE MPs THAT THEY HAVE LOSS CONFIDENCE ON? Time Malaysia considers putting up a LAW on this > If the constituents have loss confidence in their MP, then they must submit a PETITION that is signed by more than 50% of the constituents that had the right to vote in the elections that elected the said MP - The petition must contain name and NRIC. If the number is achieved, the said MP is forthwith DISQUALIFIED and a by-elections will be held. [Of course, the disqualified MP is allow to contest in the by-elections]
So, if that law to RECALL MP exist in Malaysia - power is returned to the PEOPLE to remove any MP >> so if they are UNHAPPY with the 6 BERSATU MPs to the extend that they have loss confidence in them to continue representing them in Parliament - then they can be removed...
Maybe PN should push for such a law - maybe PH-led coalition will put such a law in place....
How interesting that UMNO-BN is already preparing for by-elections -....
Bersatu amending constitution to scare MPs from backing Anwar, says Dr Zulkafperi
Tanjung Karang MP Dr Zulkafperi Hanapi, who is one of six Bersatu MPs supporting the government, says he is unfazed by the party’s plans.
PETALING JAYA: A Bersatu MP who now supports Prime Minister Anwar Ibrahim says the party’s decision to amend its constitution is meant to intimidate other elected representatives from switching allegiance.
Tanjong Karang MP Dr Zulkafperi Hanapi said the party seems to be reacting to claims that more Bersatu MPs would be declaring their support for the prime minister and the unity government.
“What Bersatu is attempting to do (by amending its constitution) is to pressure those who are considering changing their support and prevent it from happening,” he said at a press conference last night.
However, Zulkafperi said he was unfazed by the party’s decision as the constitutional changes would not apply to him and his five Bersatu colleagues who now support Anwar.
"I don’t believe it’s binding, but we’ll leave it to our lawyers to handle.
“According to the constitution, any changes should ideally be forward-looking. Retrospective changes would not be binding,” he said, adding that ultimately, the Registrar of Societies will decide whether the amendments are approved.
On Jan 29, Bersatu secretary-general Hamzah Zainudin announced that the party’s Supreme Council agreed to amend Article 10 of the party’s constitution to keep its elected representatives in line.
This comes after six Bersatu MPs declared support for Anwar without leaving the party in order to circumvent the anti-hopping law.
Hamzah said they have also agreed to pursue legal action against elected representatives who betray the party, with the aim of vacating their seats and that the party is prepared to face by-elections.
Apart from Zulkafperi, the other five MPs are Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Suhaili Abdul Rahman (Labuan), Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli) and Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang).
All six MPs justified their support for the federal government by citing the needs of their constituencies. However, they said they would remain loyal to Bersatu.
Last month, Syed Hussin claimed that up to eight more MPs were expected to declare their support for the unity government. - FMT, 26/2/2024
Will Bersatu's controversial constitutional amendments bring good or have potential ramifications?
In a signification move aimed at addressing internal rifts and asserting party discipline, Parti Pribumi Bersatu Malaysia (Bersatu) recently convened an Extraordinary General Meeting (EGM) on March 2, to enact crucial amendments to its constitution.
This EGM, held amidst heightened political tensions, sought to close existing loopholes and define clearer guidelines for party members, especially elected representatives, to uphold party loyalty and integrity.
Closing the 'Loophole'
During the EGM, which saw the participation of approximately 1,000 party delegates from across the nation, Bersatu approved amendments to its constitution aimed at addressing recent challenges concerning party defections and support for rival political figures.
Notably, the amendments were devised to close a perceived ‘loophole’ that allowed six Bersatu Members of Parliament (MPs) to express support for Prime Minister Datuk Seri Anwar Ibrahim without forfeiting their party membership.
Bersatu’s Supreme Council Member, Datuk Wan Saiful Wan Jan had emphasised the importance of these amendments in preserving party unity and discipline.
He highlighted the unanimous approval of the amendments by Bersatu's delegates during the EGM, signalling the party's firm stance against disloyalty and betrayal.
The amendments introduced at the EGM included the addition of three sub-clauses to Bersatu's constitution.
These three provisions comprise Article 10.4, stipulating that any Bersatu members holding positions in the Dewan Rakyat or state legislative assemblies who fail to adhere to directives issued by the party’s supreme council as outlined in Article 10.5 shall have their Bersatu membership terminated immediately.
The additional sub-clause, Article 10.5, empowers the Bersatu supreme council to issue written directives to any or all of its Dewan Rakyat or state legislative assembly members.
The third sub-clause, adopted by Bersatu delegates during the EGM, pertains to Article 10.4 and mandates the secretary-general, under the directive of the supreme council, to formally notify the affected member of their immediate termination of membership and removal from Bersatu’s party registry system.
These sub-clauses, crafted to address the specific concerns raised by recent events, would empower the party's supreme council to take decisive action against members who deviate from party directives.
Implications of the Amendments
Additionally, Bersatu President Tan Sri Muhyiddin Yassin elaborated on the implications of these amendments, highlighting their alignment with the Federal Constitution's provisions and their potential invocation of the anti-hopping law.
Muhyiddin emphasised that the amendments would lead to the automatic cessation of membership for MPs or state legislative members who act contrary to the party's policies, thereby triggering the vacancy of their seats.
Following the endorsement of these revisions during Bersatu's EGM, Muhyiddin said the party would seek approval from the Registrar of Societies (RoS) for the amended constitution.
Once the RoS sanctions the modifications, Bersatu will promptly implement these regulations. Bersatu Secretary-General Datuk Seri Hamzah Zainudin will then correspond with all six Bersatu members, seeking verification of their support for Anwar.
If they affirm their support, the constitutional provisions mandating the vacation of their seats will be enforced.
Crucially, Bersatu's constitutional amendments are poised to redefine the consequences for party defections and disloyalty, marking a significant departure from previous disciplinary measures.
These amendments aim to bolster the party's internal cohesion and resilience amid evolving political dynamics, ensuring that party members uphold their allegiance and accountability.
The six MPs who went rogue since last year are Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Suhaili Abdul Rahman (Labuan), Mohd Azizi Abu Naim (Gua Musang) and Tanjong Karang MP Datuk Dr Zulkafperi Hanapi.
Potential Ramifications
However, concerns have been raised regarding the retroactive application of these measures amidst the fervour surrounding Bersatu's EGM and its consequential amendments.
Bersatu Women's Wing Deputy Chief Datuk Mas Ermieyati Samsudin cautioned against the retroactive implementation of the amendments, advocating for fairness and adherence to legal principles.
As Bersatu awaits the RoS’s approval for the constitutional amendments, the party braces for potential ramifications, including the possibility of vacant parliamentary seats and subsequent by-elections.
The outcome of these developments remains pivotal,
shaping Bersatu's trajectory and influence within Malaysia's political
landscape. - Sinar Daily, 4/3/2024
BN ready to field candidates if six Bersatu seats declared vacant, says Zahid
- Nation
-
Sunday, 03 Mar 2024
BAGAN DATUK: Barisan Nasional is prepared to contest six parliamentary seats currently held by Bersatu if they are declared vacant, says Datuk Seri Dr Ahmad Zahid Hamidi (pic).
The coalition chairman and Umno president said these seats used to be Barisan's.
"We will discuss with the unity government leadership to decide on this if the vacancies occur," he told reporters after attending the Northern Corridor Economic Region (NCER) mini showcase programme here on Sunday (March 3).
He said Umno and Barisan candidates should be given priority to contest in these constituencies.
However, he said that Parliamentary regulations and the Federal Constitution do not provide for the Bersatu MPs concerned to be stripped of their seats despite efforts by Bersatu.
He said Bersatu seemed to be having a taste of its own medicine as one of its leaders had previously taken Umno MPs into Bersatu.
This follows an amendment to Article 10 of the Bersatu Constitution, as approved at a special party general meeting, to immediate strip the membership of any elected representative who pledges support that contradicts Bersatu's directive or stand.
Bersatu president Tan Sri Muhyiddin Yassin said the party would send a report on the amendment to the Registrar of Societies (ROS) and it would be enforced with immediate effect if approved.
The
six Bersatu MPs who have expressed support for the Prime Minister are
Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Mohd Azizi
Abu Naim (Gua Musang), Datuk Zulkafperi Hanapi (Tanjong Karang), Zahari
Kechik (Jeli), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar)
and Datuk Suhaili Abdul Rahman (Labuan). – Bernama - Star, 3/3/2024
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