An academician from Singapore backs the idea of enacting an anti-hopping law for politicians in Malaysia, in view of the country’s political history.
This call came from Prof Kevin Tan of the Singapore Management University during a question and answer session at the Lawasia Constitutional and Rule of Law Conference 2019 in Petaling Jaya, Selangor, today.
Tan’s call went against the answer given by Prime Minister Dr Mahathir Mohamad, during an earlier question and answer at the conference this morning, that there was no such need for an anti-hopping law in the country.
Tan was answering a question from an attendee at the conference on whether he agreed with Mahathir’s stance that there is no need for an anti-hopping law in Malaysia.
During the session moderated by lawyer S Ambiga, titled ‘Why a Separation of Powers in Government? Its Importance to Constitutionalism’, Tan said that such a law was required in light of members of a political party suddenly jumping to a different party at critical moments after general elections.
“I do not think I agree with Tun’s (Mahathir’s) response. Anti-hopping law is important, given the political history of Malaysia.
“We saw (political) parties and members of different (political) parties enticed to switch between parties at critical moments following (general) elections.
“We have people switching parties, and (a situation where) somebody runs to the Palace to appoint a new MB (Menteri Besar).
“That is more dangerous than the perceived right to decide to (party) hop,” Tan said.
During the question and answer session after his keynote speech at the conference, Mahathir, a former president and member of Umno before crossing over to Bersatu prior to the historic 14th general election, said there was no need for such law as members of a political party linked to a bad government may need to switch parties.
“When faced with a government that is really bad, and you cannot hop, do you still have to stay with the government? I think that is not going to contribute to good governance.
“So I think you should be able to hop and change party. And you do that for good reasons, not because you see that if you are close to the new PM (prime minister), you might become a minister. If that is the reason why you are hopping, that is bad,” Mahathir said.
The Bersatu chairperson said that even though a party member should not party hop for bad reasons, but in situations where the party member has self-control and self-discipline as well as does things for good reasons, then party-hopping is acceptable.
On Oct 17 last year, de facto Law Minister Liew Vui Keong (photo) said that an anti-party hopping law to deter lawmakers from defecting is not in the works.
In a written parliamentary reply, the minister in the Prime Minister’s Department said that the Election Commission is of the view that, at the moment, all citizens are guaranteed freedom of association in line with Article 10(1)(c) of the Federal Constitution.
Liew added that this was also because the Federal Court ruling in the Nordin Salleh case, regarding freedom of association, still applies.
Nordin was a Kelantan state assemblyperson who defected from PAS to BN in 1992.
The Federal Court ruled that PAS' own anti-party hopping law violated Article 10 of the Federal Constitution, which guarantees freedom of association.
The May 9, 2018, general election, which saw the Umno-dominated BN lose power for the first time in the country’s history, has seen multiple defections from Umno. - Mkini
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