TACKLING FLAWS IN ANTI-HOPPING LAW
Experts believe a constitutional amendment is necessary to disqualify MPs who support their adversaries without leaving their party
EXPERTS believe that a constitutional amendment may be necessary to disqualify members of parliament (MPs) who attempt to circumvent anti-hopping laws by giving support to their adversaries without leaving their party.
The furore over the Dubai Move, they said, had exposed the flaws in the anti-hopping law, which was passed in 2022 following several changes in government due to MPs switching parties.
Constitutional law expert Professor Datuk Dr Wan Ahmad Fauzi Wan Husain acknowledged that the current situation ran counter to the purpose of the law.
Wan Ahmad said the anti-hopping law was passed to safeguard MPs from being threatened by their party if they were unwilling to adhere to “unreasonable instructions” that could harm the people.
The law, he said, was supposed to prevent party-hopping.
He said the law did not allow parties to take action against MPs who switched allegiances without leaving their party.
“When the bill was tabled, I believe that such issues (parties unable to take action against MPs who change allegiances without leaving the party) had been raised and deliberated.
“Parties must bear the consequences of their lackadaisical attitude as well.”
He added that parties must appoint the right candidates to represent them.
He suggested that a constitutional amendment be proposed to disqualify MPs who had been sacked from their party.
“Upon sacking, a by-election should be called for the seat unless it involves a restricted period (looming general or state elections). To be fair, it should go back to the people.”
Echoing Wan Ahmad was International Islamic University Malaysia political analyst Syaza Shukri, who said the only way to curb party-hopping was to make it clear that if MPs were sacked by the party, they would lose their seat.
“It may seem undemocratic, but our representatives were elected via their party affiliation.”
Syaza said party-hopping would be eliminated only when politicians learnt to respect democratic norms.
“Election results are to be respected for the whole term until and unless a major issue emerges, especially if it relates to the law.
“If representatives can be bought to change allegiances, then what is the point of elections?”
However, Universiti Kebangsaan Malaysia’s Institute of Ethnic Studies deputy director, Professor Dr Kartini Aboo Talib @ Khalid, said each flaw or weakness in the law should not be treated with more enforcement action as it defeated the principle of liberty.
“Malaysia is good at bargaining, negotiation and mediation to overcome issues within states and rivalries among parties.
“This is our way of resolving problems. So stick to it, embrace it.”
On Saturday, Community Communications Department deputy director (community communications) Datuk Ismail Yusop said a move was underway among opposition leaders to overthrow the federal administration.
He said the Dubai Move was hatched following a trip to Dubai, the United Arab Emirates, by Perikatan Nasional leaders as well as government-linked politicians.
He said the meeting took place to discuss and assign tasks to agents responsible for identifying MPs who might switch support to the opposition through inducements, solely to establish a backdoor government.
Perikatan Nasional MPs have since rubbished the claim.