Anti-hopping: Undi18 says Article 10 bill huge mistake, wants recall polls

 

Undi18 is demanding the rejection of proposed amendments to Article 10 of the Federal Constitution - labelling the passing of such an amendment as being a potential "big mistake".

This comes after reports that the government will table constitutional amendments, in lieu of an anti-hopping law, that would regulate freedom of association in regard to party membership this coming Monday, April 11.

Undi18 noted that while the amendment will enable the enactment of the anti-party hopping law, it also raises a number of other issues - such as the possibility of abuse of power - with long-term implications on the viability of Malaysian democracy.

"The Article 10 amendment is not specific to the issue of party-hopping.

"The Article 10 amendment will provide a 'blank cheque' to any incoming government to control the participation of MPs and state assemblypersons in political parties," said the group in a statement today.

It is not impossible, argued Undi18, if rules were put in place to expel politicians from political parties in the event that they have been sued or arrested by the police under any act decided by the government.

The group also reminded that Article 48 - which states the reasons why an elected representative may be deprived of their Parliamentary seat - must also be amended in order for the anti-party hopping bill to be enacted and constitutional.

"The Article 10 amendment is incapable of preventing events - such as its collapse of the Pakatan Harapan (Sheraton Move) government and the fall of Perikatan Nasional - from recurring.

"Both of these incidents were caused by political parties. The party chose to change direction and left the government.

"Therefore, Undi18 supports the proposals of civil society groups, Bersih, and Pengerang MP Azalina Othman Said to propose recall elections as a more precise solution (to the issue)," said Undi18.

Restricting freedom of association

After disagreements over the anti-hopping bill, the government informed opposition lawmakers that a bill to amend the Federal Constitution would be tabled to allow for an anti-hopping law to be enacted in the future.

However, the new bill has raised concerns.

According to a copy of the bill posted by Subang MP Wong Chen, the bill would amend Article 10 of the constitution - which enshrines freedom of speech, assembly, and association.

It would insert a sub-clause that allows party membership of MPs and assemblypersons to be restricted by federal law.

Permatang Pauh MP Nurul Izzah

MPs such as Permatang Pauh MP Nurul Izzah Anwar have suggested a rethink of the proposal to first proceed with a constitutional amendment to "enable" a future anti-hopping law, pending the resolution of disagreements between parties in the government.

While the constitutional amendment would require the support of two-thirds of MPs, the introduction of any legislation invoking the constitutional provision will only require a simple majority.

While the provision would pave the way for the creation of an anti-hopping bill, its general wording can also allow the creation of other laws to restrict the freedom of association.

Any government with a simple majority of MPs can introduce laws to impose such restrictions.

The wording is kept general, partly due to the fact that the exact nature of the anti-hopping legislation has yet to be finalised.

The original draft of the anti-hopping bill would have automatically disqualified any MPs who switched parties or were sacked from their party.

It also prohibits MPs who won on an independent ticket from joining other parties. - Mkini