Foolish and WRONG for Petaling Jaya MP Lee Chean Chung to resign as Member of Parliament (the peoples' elected representative) - The people VOTED and chose him as their representative in Parliament.
A MP does not quit because he has problems with his political party - he does not RESIGN as MP because PKR suspended his membership for 3 years. PKR or any political party has NO POWER to get any MP to quit.
Even if suspended, Lee Chean Chung should have continued as MP (the peoples' representative) - it is MOST Irresponsible for any MP to QUIT because they lost some party elections, or even was suspended by the Party. HIS duty and responsibilities is to the people of PJ that voted his as the peoples' representative, and reasonably would have expected him to remain MP until the end of his term.
In Malaysia, people do not VOTE for the PARTY - they voted for Lee Chean Chung not PKR or Pakatan Harapan.
In Thailand, there are PARTY LIST MPs - who become MPs because of the PARTY but NOT the case in Malaysia - here people vote for the PERSON not the PARTY.
If you are a 'party list' MP - then the right to remove a MP reasonably is with the PARTY and there if the Party wants you to be disqualified as MP > there is rationalle for that MP to quit - because the PARTY that made you MP no longer wants you as a Party MP.
In, Malaysia, there is that ANTI-HOPING law > where if the Party KICKS you out, you RIGHTLY still remain a MP.
However, if on your own, a MP leaves his political party or joins another party, or become an INDEPENDENT MP - that MP is automatically DISQUALIFIED as MP, and there will be a by-elections where the outgoing MP can still contest - and if he/she wins, then he is again a MP.
PKR only SUSPENDED Lee Chean Chung...even if PKR kicked out Lee Chean Chung, he is still the MP of Petaling Jaya.
in my opinion, Lee Chean Chung should have REMAINED MP until Parliament was dissolved, and the next General Elections called. Then, and only then should he have decided to leave PKR and/or join any other party > NOT NOW.
By remaining MP, he could maybe now be more critical of PM Anwar Ibrahim and the current government > the DUTY and responsibility of ANY Member of Parliament who is NOT in the PM's CABINET...
He could even participate in VOTE as MP to determine whether PM Anwar Ibrahim still enjoys the confidence of the MAJORITY OF MPs to remain PM - the moment any Prime Minister loses the confidence of the majority - that Prime Minister is forced to tender his/her and the Cabinet's resignation > the King tend appoints a NEW Prime Minister or dissolves Parliament for a new General Election. Now, Lee Chean Chung has LOST that right to even get rid of PM Anwar or the right to be a 'Check and Balance' in Parliament HIGHLIGHTING also the wrongs and abuses of the government and PM Anwar Ibrahim...
That is WHY I say that what Lee Chean Chung DID was FOOLISH - It was also a 'betrayal' of the people that vote him in as their peoples' representative - NOW, the people of PJ has NO MP in Parliament.
LET US NOW CONSIDER THE ISSUES(or complaints) of Lee Chean Chung
RM3 million in constituency allocations for his seat - this was a FEDERAL GOVERNMENT allocation to MPs of government parties and/or now also for MPs that declared support PM Anwar Ibrahim and the government
A. This practice was WRONG and DISCRIMINATORY - because any allocations for MPs should be given to ALL MPS irrespective of whether you are a government MP or Opposition MP.
B. This is also against DEMOCRACY - because the Federal Government should respect the people's right to vote who they want to be their Member of Parliament(or peoples' representative) - and by denying MPs from Opposition Parties this 'RM3 million Allocation' - it is an ACT that that 'punishes' people who exercised their right to vote a MP (who end of the day is not from a party that forms government)
DID Lee Chean Chung speak out and protest this 'undemocratic' and discriminatory practice before? So, he accepted it - and only protested when his own access and control of this 'constituency fund' was stopped?
C. SEPARATION OF POWER - this requires that ONLY Parliament should be giving FUNDS and benefits to MPs > and not the EXECUTIVE branch of government(PM Anwar/Cabinet/Federal Government) noting that the paramount duty of Parliament is to be an effective CHECK and Balance to prevent Executive(Government) HIGHLIGHTING wrongdoings, abuses and other wrongs of PM Anwar's Government.
THUS, when MP accepts monies/benefits and Federal Government pays/provides > it certainly impact on the INDEPENDENCE of MPs (i.e MPs not in PM Anwar's Cabinet) - would they perform as MPs or NOT for fear that these Executive 'gifts'(or 'BRIBES') could be taken away or STOPPED at any time.
So, did Lee Chean Chung perform his duties as a Member of Parliament - or did he ONLY start being a MP after he started having problems with PKR? YES, of late, Lee Chean Chung has been raising important issues...
...his outspokenness on several state and federal government policy issues, including the Urban Renewal Act (URA), the migrant worker recruitment monopoly, the sales and service tax (SST), the unfair admission of STPM holders to universities, and guidelines for non-Muslim places of worship in Selangor.
ONE of the most draconian piece of legislation - is that Section 18C Societies Act, that gives only POLITICAL Parties(not other Societies) ultimate 'dictatorial-like' powers > a gross denial of the rights of members to be able to challenge in COURT the decisions of the PARTY.
This is GROSS VIOLATION of one's right of freedom of association - which is also a right of members to CONTEST challenge UNJUST decisions of the Party(the Party Leadership). It even OUST the jurisdiction of the COURTS >
Section 18C Decision of political party to be final and conclusive SOCIETIES ACT 1966
The decision of a political party or any person authorized by it or by its constitution or rules or regulations made under the constitution on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party shall be final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceedings on any ground regarding the validity of such decision.
This is MOST UNJUST law - that allows political parties to do whatever it pleases > and a member dissatisfied cannot even challenge this in COURT. Even Prime Minister's or Minister's decisions can be challenged in court. Wrongful dismissal can be challenged in COURT. But political party's decision to SUSPEND, Expel or do anything WRONG to members CANNOT be challenged in Court.
Did Lee Chean Chung do anything to REPEAL this BAD LAW - NOW, PKR's decision, if it is UNJUST or unreasonable, to suspend Lee Chean Chung for 3 years also cannot be brought to COURT - because Sec 18C is there.
End oppression of members of political party & Denial of the freedom of association (and member's rights) - Repeal Societies Act, including Section 18C that deny members of political parties’ access to court when they are oppressed or are victims of abuse of power of party leaders(MADPET)
Labuan MP going to Court to challenge BERSATU's expulsion will not work - draconian Section 18C Societies Act
PKR's Hassan Karim may be the EXCEPTION - for many MPs (especially if parties that form the Government) is DISAPPOINTING - because they are FEARFUL to highlight wrongs of the government even in Parliament. Then, they regain COURAGE to speak up when they have 'problems' within their own party. ????
Malaysian MPs must remember that there PEOPLE's REPRESENTATIVES - not party representatives. The people chose you, and MP represents the people. Thus, in Lee Chean Chung's case, he should NOT have RESIGNED simply because PKR suspended his membership > he still is Member of Parliament, and should have remained the people's representative in Parliament and otherwise > NOW the people of PJ lost their MP - and will have NO MP until Parliament is dissolved for the next General Elections ( it is more than a year away...)
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