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Sunday, April 10, 2022

Constitutional vote: Govt leaders attend pow-wow, opposition at own briefing

 


Top government leaders met this evening with their MPs and senators ahead of the planned contentious constitutional amendment vote in the Dewan Rakyat tomorrow, intended to "enable" a future anti-hopping legislation.

The closed-door meeting was supposed to be for all MPs but only a handful of opposition representatives were present, namely from DAP and Warisan.

The 5pm meeting, at Dewan De' Seri Endon in Putrajaya, was chaired by Prime Minister Ismail Sabri Yaakob.

Several government leaders were seen entering the building, including Human Resources Minister M Saravanan, Defence Minister Hishammuddin Hussein, Deputy Domestic Trade and Consumer Affairs Minister Rosol Wahid, Agriculture and Food Industries Minister Ronald Kiandee, Education Minister Mohd Radzi Md Jidin, Environment and Water Minister Tuan Ibrahim Tuan Man and Women, Family and Community Development Minister Rina Harun.

Finance Minister Tengku Zafrul Tengku Abdul Aziz, who is not an MP, was also seen entering the building.

DAP’s Bangi MP Ong Kian Ming told Malaysiakini that most opposition MPs had their own separate briefing on the constitutional amendment in Putrajaya this evening.

“We have already planned our own Harapan plus meeting before the prime minister’s briefing was announced,” he said.

Representatives from Pejuang, Muda and Warisan were also present at the opposition briefing with Harapan MPs.

Ong added that some opposition MPs will join the prime minister's buka puasa event later this evening.

Opposition to meet govt later

Meanwhile, PKR’s Lembah Pantai MP Fahmi Fadzil acknowledged that they were invited by the government but chose to proceed with their own meeting first due to several pertinent issues that needed discussions.

“Yes, we’re invited, but we are having our own briefing session because there are several important updates and internal discussions that our MPs need to prepare for tomorrow.

“We will be joining (the government) for buka puasa,” he told Malaysiakini.

Last week, the cabinet reportedly asked for revisions to the anti-party hopping bill, five days prior to tomorrow’s special sitting specifically called to pass the legislation.

This was after disagreements in the government, particularly among leaders from Perikatan Nasional.

The original draft of the anti-hopping bill would automatically trigger a by-election if an MP switches parties or is sacked from their party.

Independent MPs are also not allowed to join a party. Critics argue the measures were too harsh.

De facto Law Minister Wan Junaidi Tuanku Jaafar has reportedly confirmed that the proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday.

Instead, the government is proposing to table a constitutional amendment that will "enable" a future anti-hopping law.

Contentious wording

However, civil society and the opposition have expressed concern that the general wording of the proposed constitutional amendment could allow the government to do more than just prevent party-hopping in future.

According to a copy of the constitutional amendment bill shared by Subang MP Wong Chen, it 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.

The wording of the sub-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.”

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.

The provision would pave the way for the creation of an anti-hopping bill but 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 disagreement within the government on the wording of the anti-hopping bill, as well as the disagreement in the opposition about the wording of the constitutional amendment, has caused uncertainty for tomorrow's Dewan Rakyat sitting.

After the government briefing, Ismail Sabri told a press conference that government MPs are likely to support the constitutional amendment and expressed hope that it will also receive backing from the opposition.

The constitutional amendment, which will require a two-thirds majority, can only pass with bipartisan support as neither side control a supermajority. - Mkini

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