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Friday, April 8, 2022

Harapan vows to back constitutional change if anti-hopping law expedited

Pakatan Harapan has pledged the coalition's support for proposed amendments to Article 10 of the Federal Constitution, on the condition that the government expedite the tabling of an anti-hopping law.

The Pakatan Harapan presidential council said it understands a need for the constitutional amendments to first be passed on Monday but ultimately the government must honour its commitment under the memorandum of understanding (MOU) with Harapan.

"Therefore we urge the prime minister to state his commitment that the anti-hopping law will be tabled soon, and a date for the second special sitting must be set and announced in Parliament on April 11.

"We also urge the minister in charge of tabling the constitutional amendment on April 11 to clearly state what are the basic principles of the anti-hopping law that will be tabled and passed during the second sitting," it said in a statement.

The joint statement was issued by PKR president Anwar Ibrahim, Amanah president Mohamad Sabu, DAP secretary-general Anthony Loke and Upko president Wilfred Madius Tangau.

In reiterating Harapan's stand, the leaders said their views had also been directly communicated to Prime Minister Ismail Sabri Yaakob yesterday.

Remove ‘constitutional barriers’

Separately, Kota Kinabalu MP Chan Foong Hin voiced support for the government's plan to first remove any "constitutional barriers" before proceeding to table an anti-hopping law.

Kota Kinabalu MP Chan Foong Hin

The DAP central executive committee member said the step is necessary to ensure the effectiveness of the proposed legislation.

He cited a 1992 Federal Court decision in the Nordin Salleh case that declared as unconstitutional the then newly enacted anti-party hopping law in Kelantan, for going against Article 10 of the Federal Constitution on rights to freedom of association.

"We need a two-thirds majority to amend the Federal Constitution, specifically Article 10(3), so that the Federal Constitution expressly states that freedom of association excludes the action of 'party hopping' by an elected representative who is elected under a political party’s banner," Chan said in a statement.

"As an MP I would support passing the proposed amendment to Article 10 of the Federal Constitution first.

"For the actual anti-hopping law to be legislated separately later in another special sitting as announced by the MOU Steering Committee yesterday, it would then only require a simple majority in Parliament to be made law," he added.

Chan also noted how DAP veteran Lim Kit Siang had from as far back as 1978 called for the enactment of an anti-hopping law, and the fight must continue until the latest proposal is passed.

Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar yesterday denied that the delay in the tabling of the law, initially scheduled for a special sitting on Monday, was due to sabotage.

Instead, the special sitting will proceed to table a constitutional amendment that removes a barrier for enforcement of the anti-hopping law.

‘Too much power for parties’

Petaling Jaya MP Maria Chin Abdullah said the constitutional amendment must also take into consideration circumstances that lead to re-election.

"As I understand it, the bill punishes individuals who leave the party as well as those who are sacked by the party. It will be perceived as giving too much power to the political parties.

"For instance, if an individual is sacked because she took a vote of conscience, say voted against a bill or voiced out if a party breaks its manifesto, she has to vacate her seat and a re-election takes place," Maria said in a statement.

Petaling Jaya MP Maria Chin Abdullah

"This gives too much power to political party leaders and discourages independent thinking for elected representatives.

"These are issues that need to be debated. Nonetheless, I am in support of the anti-hopping bill despite its weaknesses," she added.

The anti-hopping bill was supposed to have been passed by Parliament during the first sitting of the year, which already ended. - Mkini

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