THE government has no plans to enact an anti-party-hopping law, said Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin.

He said the federal constitution provides for freedom of association, as well as disassociation, thus, such a law risks being unconstitutional.

He cited the 1992 Federal Court ruling in the Kelantan v Nordin Salleh case, where the bench, upon interpreting the constitution, declared that crossing over to another party was provided for under freedom of association, which also included freedom to disassociate.

“The government is of the view that this freedom gives people the right to join any party,” Hanipa said during question time in the Dewan Rakyat today.

“We cannot take action against any elected rep for party-hopping, as it may be challenged and ruled unconstitutional.”

He was replying to Ramkarpal Singh (Bukit Gelugor-PH), who asked if Putrajaya intends to enact an anti-party-hopping law to prohibit the activity.

Ramkarpal, who is also DAP national legal bureau chairman, said he understands the provision under the constitution, and is aware of the Nordin Salleh case.

“That’s why we are asking if a new law will be enacted to overcome this issue. Freedom of association should have a limit.”

The issue of unconstitutionality can be resolved through a proportional law, he said.

He added that the Pakatan Harapan administration should make considerations on the matter from a moral aspect, asking Hanipa whether such a law would be considered in the future.

Since PH took over Putrajaya with a simple majority last May, a number of Barisan Nasional MPs and assemblymen have crossed over to the ruling coalition, namely to Prime Minister Dr Mahathir Mohamad’s Bersatu.

This has not been well received by some of the other PH components.

Hanipa said while he understands Ramkarpal’s frustration, he cannot make the decision on behalf of the government.

“Any decision on this matter has to be the cabinet’s.”

Ismail Mohamed Said (Kuala Krau-BN) then asked Hanipa about his decision to quit PAS in favour of Amanah in 2015.

“Bukit Gelugor (Ramkarpal) spoke about integrity and morality… I want to ask you (Hanipa) whether you felt guilty and lacked morals when you left the party (PAS).

“I don’t agree with this anti-party-hopping law myself. I support Langkawi (Dr Mahathir) taking MPs and assemblymen from Umno into Bersatu.

“The government would be able to have a two-thirds majority to amend the constitution. Let’s not have this law. Who knows if Kuala Krau is also interested (in changing parties),” he said sarcastically, to the amusement of several lawmakers.

Deputy Speaker Nga Kor Ming asked when Ismail plans to submit his application to join Bersatu.

“I didn’t get the form yet. I may consider if I get one. The youth and sports minister can send me one if he has any,” he said in reply, referring to Syed Saddiq Syed Abdul Rahman, who is also Bersatu Youth chief.

Some MPs then shouted “buat online” (apply online).

Hanipa said he had been waiting for Ismail’s question.

He said MPs switch parties after they become “victimised” or when their parties have betrayed the people’s trust.

“Those of us who joined Amanah were forced to leave. We won our seats because of the people’s votes, but the party did not acknowledge that.

“So, we had to leave. Maybe it is different for Umno. But we have to respect the people.”

Hanipa’s reply elicited jeers from some BN and PAS lawmakers.

Nga then ordered the House to move on to the next question. – April 10, 2019.