KUALA LUMPUR, April 11 — Government and opposition Members of Parliament today agreed to refer the proposed amendment to Article 10 of the Federal Constitution relating to the restrictions for elected representatives to switch parties to the Special Select Committee first before it can be tabled to the next Special Parliament Meeting.
In fact, most of them agreed that the definitions in Article 10(3)(a) were too broad and should have certain restrictions specifically on anti-party hopping.
Opposition Leader Datuk Seri Anwar Ibrahim said the opposition agreed that the amendment should be detailed so as not to be abused by certain parties, besides respecting the basic principles of the Consitution, freedom and system of democracy, recognising the right to freedom of expression and association as enshrined in the Federal Constitution.
“We request that Article 10(3)(a) be fine-tuned so that the amendment is focused on defection or party hopping,” he said when debating the Constitution (Amendment) (No.3) Bill 2022 at the Special Meeting of the Dewan Rakyat here today.
Anwar also proposed that the second reading of the amendment be made simultaneously with the Anti-Party Hopping Bill at the next special meeting.
Meanwhile, Anthony Loke (PH-Seremban) agreed that Article 10 (3) was too broad and quite dangerous if not implemented carefully as it allows any party that forms the government in the future to make a new law to control the Members of Parliament.
“As such, a consensus must be sought first and referring the amendments to the special select committee is the best thing to do now so that more specific words are inserted to ensure that restrictions can only be placed on party hopping, not other matters,” the DAP secretary-general said.
Loke also suggested the committee take only a month to scrutinise the proposed amendments and that the next special meeting be held by end of May.
“Therefore, after the special meeting and before the 15th General Election, Malaysia will already have a new law to prevent party hopping and thus, restore public confidence in democracy n the country,” he said.
He also said that DAP would propose for Gobind Singh Deo (DAP-Puchong) to represent the party in the special select committee.
Tan Sri Muhyiddin Yassin (Bersatu-Pagoh) on the other hand said that every matter pointed out by Members of Parliament should be taken into account and scrutinised before the bill is passed as it would restrict the freedom of the members which was guaranteed by the Federal Constitution.
He also proposed for the government to relook into the definition of “party hopping” in the bill during its engagement sessions with the stakeholders.
“I disagree that a Member of Parliament who is sacked from his party or quit his party for certain reasons is to be deemed to have defected and must vacate his seat immediately.
“There are many reasons for a Member of Parliament to be sacked or quit his party, such as being sacked for disciplinary violation or for crossing the floor or for saying something right but not liked by the party leaders,” he said.
Muhyiddin also proposed an ouster clause in Section 18C of the Societies Act 1966 to be reviewed to give the opportunity to the Member of Parliament affected by the anti-party hopping law to seek justice in court before being ordered to vacate his seat.
Meanwhile, Datuk Seri Azalina Othman Said (BN- Pengerang) proposed for the clause in Article 10 (3) to be narrowed down, and for the special select committee to include the issue of recall remedy in Article 48(6), to state that the people will be the ones to decide whether the elected representatives can contest or not.
“This is the people’s law, so let the people decide. If Article 48(6) is to be repealed, the elected representatives will have the right to contest again and again. So, we must have it stated that the people should be the one deciding whether they (elected representatives) can contest or not,” he said.
Article 48 (6) states that a person who resigns his membership of the House of Representatives (Dewan Rakyat) shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House.
Datuk Seri Mohamed Nazri Abdul Aziz (BN-Padang Rengas), in his debate, proposed for the implementation of the anti-party hopping law to include members of Dewan Negara as there were several party-appointed senators who also crossed the floor after the 14th General Election.
Tun Dr Mahathir Mohamad (Pejuang-Langkawi), on the other hand, called for the proposed anti-party hopping law to be specified to members of Dewan Rakyat, Dewan Negara and State Assembly so that the basic human right of the people to join any association will not be affected.
