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Thursday, March 18, 2021

Enact anti-hopping laws quickly, says Malaysian Bar

 

The Malaysian Bar feels that an MP who is unhappy with his party should be able to resign and recontest the seat on a different ticket, to get the voters’ mandate again.

PETALING JAYA: Putrajaya must enact anti-hopping laws to stop politicians from switching parties, the Malaysian Bar says, adding that the measure has to be taken to strengthen political stability and public confidence in the democratic process in the country.

Newly-elected president AG Kalidas said Article 10(2) of the Federal Constitution allows Parliament to impose restrictions as it deems necessary or expedient in the interest of the security of the federation or any part thereof, for public order or morality.

“Unexplained defections and switching of political allegiances by elected representatives have greatly undermined the rakyat’s confidence in the political process, and if it goes on unchecked, will lead to voter apathy.

“Switching parties or political allegiance after being voted in on a particular platform can be viewed as a betrayal of the decision of the voters,” he said in a statement.

Kalidas says party-hopping was a betrayal of the voters’ decision.

Kalidas said this was clearly an area where the power granted to Parliament by the Federal Constitution should be invoked as legislative action was required on an urgent basis to discourage such behaviour.

Remedies to the issue of party-hopping may require amendments to the Federal Constitution, in particular the removal of the disqualification provision in Article 48(6), he added.

“This would allow an MP to resign his or her seat and recontest under a different political party, and to allow voters to decide on the party change,” he added.

However, to make this happen all political leaders need to commit and work towards it, he added.

Article 48 (6) and sub-section 6 (5) Schedule Eight of the Federal Constitution respectively stipulate that an MP or state assemblyman who resigns shall be disqualified from contesting as a member of the House of Representatives for a period of five years effective from the date of resignation. - FMT

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