Rules plugging anti-hopping ‘loophole’ must adhere to constitution, says lawyer

 

Article 49A of the Federal Constitution states that an MP’s seat will be vacated if he resigns from his party, ceases to be a member, or joins another party. (Bernama pic)

PETALING JAYA: A senior lawyer has warned political parties to ensure that any amendment to their rules and regulations designed to plug a “loophole” in the existing anti-hopping law must not run afoul of the Federal Constitution.

Bastian Pius Vendargon said an aggrieved party would otherwise be entitled to seek a remedy in court to protect and exercise his constitutional rights.

“Any amendment to a party constitution cannot override the express provision in the supreme law of the land (the Federal Constitution), or else it could be subject to legal challenge,” he told FMT.

Vendargon was commenting after Bersatu secretary-general Hamzah Zainudin announced on Monday that the party’s Supreme Council had agreed to amend Article 10 of its constitution to ensure that its elected representatives toe the party line.

The decision was made after a sixth Bersatu MP, Dr Zulkafperi Hanapi (Tanjong Karang), declared support for Prime Minister Anwar Ibrahim last week without quitting the party to avoid losing his seat.

He followed the position taken by five MPs before him, namely Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Suhaili Abdul Rahman (Labuan), Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli), and Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang).

Hamzah said the party leadership had also resolved to take legal action against the six in a bid to have their seats vacated.

Speaking to FMT, Vendargon questioned what the proposed amendment to the party’s constitution would entail.

He said although rebel MPs could face disciplinary action and be sacked, this was unlikely to happen as they would then be free to join or support another party.

Lawyer Syed Iskandar Syed Jaafar said Bersatu’s current problem could have been overcome if the anti-hopping provision was passed by Parliament in its original form.

In the original wording, a seat would become vacant if an MP went against the stance of his party or failed to act according to the instructions of his party whip in the Dewan Rakyat.

Presently, Article 49A of the Federal Constitution, commonly known as the anti-hopping law, states that an MP’s seat will be vacated in one of three situations: if he resigns from his party, ceases to be a member of the party, or joins another political party.

However, it does not address the situation of an opposition MP choosing to support the government without taking any one of those three specific actions.

“Right now, any MP could support a prime minister from another party or coalition. Their seats will not be declared vacant,” Syed Iskandar said.

Given that it favours the present administration, Syed Iskandar said it would be “interesting” to see if Anwar’s unity government would push for the constitutional amendment needed to plug the loophole, especially since it claims to have a two-thirds majority. - FMT