Despite concerns raised over the government’s planned anti-hopping law, lawmakers from both sides of the divide have said the priority is to get the necessary constitutional amendments passed first before trying to fix any issues that may crop up afterwards.
Umno’s Padang Rengas MP Nazri Abdul Aziz said it is more important to have something that can stop party-hopping before the next general election comes than something that is “perfect straightaway”.
“What is most important is we should get the anti-hopping law established first and then do the tweaking later on.
“Along the way, when we find some weaknesses, we can just patch up whatever we need to (but) before the next general election, we want something that can stop these hoppings,” Nazri told Malaysiakini.
This was in response to alarm bells sounded by lawyer New Sin Yew on March 30 as he alleged that the government’s planned anti-hopping law stifles democracy.
Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar previously indicated that the law would automatically trigger a by-election if an MP is sacked or leaves their party, or if an MP who won as an independent joins a party.
He had also told the Senate that an MP whose seat was vacated via the law, however, will be allowed to contest in a by-election, compared to the current system where a disqualified MP can’t contest for five years.
New, however, had claimed that there is no recourse for voters if an entire party changes sides and that MPs or assemblypersons would find it hard to go against their party for fear of losing their seats.
Nazri is less concerned about situations where a whole party changes sides and stressed that it is individual lawmakers party-hopping that they do not want.
“Because parties will decide on their policies, but individuals cannot jump,” he said.
He also opined that seats belong to the party and an elected representative cannot take the seat away from the party if they are sacked.
Restore public confidence
On the other side of the aisle, DAP’s Kota Kinabalu MP Chan Foong Hin also agreed with Nazri that the priority is to first pass the constitutional amendments that will prevent party-hopping.
“This proposed version is the best possible one for the time being after a few rounds of engagements, so I think we should support this proposed constitutional amendment first before we talk about any flaws.
“Because we can improve it from time to time, but as it is not easy to push for such a law, we must support it first,” he said.
While he was made to understand there were several officers in the Attorney-General Chambers (AGC) who disagreed with the proposed amendments due to their legal opinion, Chan said the more pressing matter is to restore public confidence in the democratic system.
“It is very important to have this law so that we can repeal and restore public confidence in our parliamentary system, to restore public confidence in election and voting.
“So this is something we need to take one step at a time as an approach for this issue,” he added.
‘Double election’
Expressing his doubts over the recall election mechanism, which has often been pushed by civil societies as a measure against party-hopping, the DAP lawmaker said the recall election would force people to undergo a “double election”.
This is because the constituents would have to hold a petition on whether they want to hold a by-election if their elected representative is sacked or leaves their party.
Only then would they be able to trigger a by-election with enough support from voters in a constituency.
On the other hand, Chan said he is satisfied with the proposed amendments because it does not prohibit party-hopping but that such actions will be subject to the people's assessment.
“(For example) if you jump but the people of your constituency think you have done the right thing, then… let the assessment be done by the rakyat,” he added.
Be moderate
Meanwhile, PKR’s Subang MP Wong Chen called on all quarters to take a position of moderation to pass the constitutional amendment.
Wong, who was on the committee that held the engagement sessions on the proposed amendments with Wan Junaidi, said that the negotiations went well.
“We stated our positions and while we didn’t get everything we asked for, the political reality is everyone needs to take a moderate give-and-take position to get the two-thirds majority needed to amend the federal constitution,” he added.
The government is scheduled to table the constitutional amendments related to the anti-hopping law during a special Parliament sitting on April 11. - Mkini
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