Bersih proposes limited version of anti-hopping law

The Coalition for Free and Fair Elections (Bersih) has called for a limited version of the anti-hopping law to include expulsion from a party under the definition of “party-hopping”.

Bersih’s steering committee proposed to achieve this through the amendment of Article 10 and passing a new Article 49A of the Federal Constitution. 

“By excluding expulsion from party from the definition of party-hopping, it would indeed weaken the power of the anti-hopping law, as MPs or assemblypersons who have effectively defected by acting against their parties, would not resign but wait to be sacked in order to keep their seats in the House (of Representatives) or assemblies.

“While this is not ideal, this compromise is inevitable when society and the political leadership want a traditional form of AHL but cannot agree on its coverage,” it said in a statement. 

Article 10 of the Constitution enshrines freedom of speech, assembly, and association.

According to a copy of the bill shared by Subang MP Wong Chen, the bill would insert a clause in Article 10 that allows party membership of MPs and assemblypersons to be restricted by federal law.

The wording of the clause reads: “(3A) Notwithstanding paragraph (c) of Clause (2) and Clause (3), restrictions on the right to form associations conferred by paragraph (c) of Clause (1) relating to membership in a political party of members of the House of Representatives and members of the State Legislative Assembly may also be imposed by federal law.”

Meanwhile, Bersih’s proposed amendment of the clause reads: “Notwithstanding Clause (2), restrictions on the right to form an association, conferred by paragraph (c) of Clause (1), of members of House of Representatives relating to change of their political party affiliation after election, may be imposed by this Constitution.”

Critics warned that the bill would open the door for potential abuse in disqualifying MPs as it does not strictly target party hopping.

The government plans to table the bill after a proposed anti-hopping law was torpedoed during a cabinet meeting on Wednesday.

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.

Bersih also called for the passing of a new Article 49A during the next Parliament sitting to include a definition of party hopping including expulsion. 

Article 49 of the Constitution contains provisions against double membership. 

The wording of the clause reads: “A person shall not at the same time be a member of both Houses of Parliament, nor be elected to the House of Representatives for more than one constituency or to the Senate for more than one state, nor be both an elected and an appointed member of the Senate.”

Bersih’s proposed 49A reads: “Subject to the provisions of this Article, a member of the House of Representatives shall vacate his seat if:

(a) having been elected as a candidate of a political party, he resigns or ceases for any reason whatsoever except expulsion, to be a member of that party during the relevant term of his election; or

(b) having been elected otherwise than as a candidate of a political party, he joins a political party during the relevant term of his election.”

Bersih claimed that this limited form of anti-hopping law will satisfy the public’s demands to see some restrictions on party-hopping prior to the 15th general election without harming constitutional rights. 

They also called on the government to promise transparency in the process by making drafts and engagements available to the public. - Mkini