Consider recall law as better remedy system

 

MP SPEAKS | As a strong proponent of the anti-hopping law, I am disheartened at the cabinet’s decision to postpone the tabling of this law in this parliamentary session. As I attempt to understand the cabinet’s concerns, a few questions beg to be answered.

With the commitment to introduce the law deriving from the bi-partisan memorandum of understanding, would it not mean that the canvassing of support would be obtained as agreed and arranged in a manner similar to the passing of the MA63 constitutional amendment with a large majority mandate from MPs?

Isn’t the anti-hopping law considered as a Promissory Guarantee of Elected Representatives to voters during an election? Isn’t the rakyat our main stakeholders, and not the politicians themselves?

Wouldn’t a recall law be the best remedy for the government as a legal and conscious commitment to voters?

As the Pengerang MP and a voter, I would like to see the implementation of a recall law as a better remedy system, as a further refinement to the presently deliberated anti-hopping law.

The presently deliberated anti-hopping law has a few lacunas and will not suitably address the following instances:

• MPs of a party which alongside the party, migrate from one coalition to another coalition;

• MPs of a migrated party who choose to leave the migrated party to remain in the initial coalition;

• Independent MPs who choose to join a political party;

• MPs of a political party who leave a political party to be an independent MP; and

• MPs who are ousted by their political party by design or by force.

Recall law

In a recall law, the voters themselves will be the ones who will decide whether the crossing of the floor by an MP, whether from one party to the another, from one coalition to the next or departure to be an independent MP, is justifiable in their eyes.

If one is concerned that it will lead to vexatious and frivolous attempts to oust an MP, one need not worry. An initial petition, with a prerequisite minimum number of voters’ signatures from the constituency, will first be collected before a recall process can be initiated.

Only in a recall process will the voters of a constituency determine whether the MP concerned should vacate his or her seat. Only upon vacating his or her seat after a successful recall will a by-election be called for.

This will certainly resolve the quandary the law minister is in at present, to define what constitutes party hopping.

If there are any reservations one would have of the recall law I am proposing here, it would be the question of cost for the Election Commission.

The recall law here encompasses a three-stage process, which invariably will cost more than the single-stage mechanism found in a conventional anti-hopping law. We must, however, take cognisance of the obligations the government of the day has to implement an anti-hopping law, or in any similar form, as laid down in the bi-partisan MOU.

From the broader perspective, it is also vital for the nation to have an anti-hopping law in place before the 15th general election to ensure that any post-GE15 formation of the government will remain stable, for the ordinary voters to get on with their lives.

By the way, Umno and BN have never supported the delay of the bill not being tabled at this Parliamentary session. Recent speeches by the president and his deputy during the four-day Umno general assembly showed enough consistency after the Malacca and Johor state elections that Umno supports the anti-hopping law and wants to see the end of the frogs’ colony and voters’ betrayal.

It is my hope that all political parties who prioritise the rights of voters openly support the anti-hopping law to consider the recall law and speak out against the delays. As elected representatives, we have been mandated by voters to uphold democracy, and in this aspect, our voices should be united.

Enough of the anti-hopping law hype. Enough of going back and forth in multiple “sesi libat urus”. The August House is the House of the People, not a sanctuary for frogs. - Mkini

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AZALINA OTHMAN SAID is the Pengerang MP.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.