DAP, Umno anti-hopping measures at risk if Bersatu gambit fails

 

Bersatu’s gambit to vacate the seats of six rebel MPs will put the anti-hopping law to the test once again.

It will also be an acid test for rules enacted by multiple parties including DAP, Amanah, and Umno, meant to plug a loophole allowing MPs to support the other side without quitting their parties.

The loophole plug is essentially the same across various parties including Bersatu, in that elected representatives who go against their party are considered to have forfeited their party membership.

In theory, this would mean that those elected representatives would have “resigned” from the party, thereby triggering the anti-hopping law.

However, legal observers have argued that such a provision could be challenged in court as a forced resignation could be viewed as a sacking instead.

Under the anti-hopping constitutional amendments, an MP would only lose their seat if they quit their parties or joined another party.

However, they would retain their seat if they were sacked from a party.

In Bersatu’s case, the six rebel MPs had aligned themselves with Prime Minister Anwar Ibrahim before the party enacted their loophole plug.

However, the MPs reportedly refused to affirm their loyalty to the party and abandon Anwar after the party rules were updated.

Dewan Rakyat speaker to decide

This gave Bersatu the opening they needed to compel the Dewan Rakyat speaker’s office to vacate the six MP seats.

Dewan Rakyat speaker Johari Abdul

The decision now rests with Dewan Rakyat speaker Johari Abdul.

If the speaker rejects Bersatu’s bid, this would mean that DAP, Amanah, and Umno's loophole plugs are also defective, and could open up opportunities for government MPs to rebel against the Anwar administration.

But if the speaker sides with Bersatu, there would have to be six by-elections to fill up the vacated seats.

The six MPs are Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Suhaili Abdul Rahman (Labuan) and Mohd Azizi Abu Naim (Gua Musang).

Selat Klang assemblyperson Abdul Rashid Asari also announced his support for the unity government.

Bersatu had previously tried to vacate the seat of four Sabah MPs who had been Bersatu members prior to the 15th general election but joined Anwar’s Madani coalition after the polls.

The four argued they had joined Gagasan Rakyat Sabah (GRS) as direct members before GE15 and had contested as GRS members instead of Bersatu members.

Johari had ruled in the GRS MPs’ favour. - Mkini