TWO lawyers are proposing a motion to urge the Malaysian Bar do all that is necessary to get laws passed in Parliament to ban party-hopping.

Lawyers Charles Hector Santiago and R. Shanmugam have moved for the motion to be tabled at tomorrow’s Bar AGM to be held at Wisma MCA in Kuala Lumpur.

They want laws that disqualify MPs and state representatives who leave political parties or change their independent status. A new by-election would be held immediately in such an event.

New laws should also prohibit MPs or state representative who resign from contesting ever again, according to a copy of the motion sighted by The Malaysian Insight.

“Of late, events in Malaysia have raised again the issue of party-hopping of elected representatives,” the motion read.

“Many have seen this to be a betrayal of the people, who voted (for) a particular candidate based on their promises or positions found in the party’s or ‘coalition of parties’ proclaimed promises or undertakings as contained in election manifestos or other public positions taken by the party under whose ticket that particular candidate contested to be elected the peoples’ MP or state representative.

“When the Barisan Nasional MPs hopped over after GE14 to parties they contested against during the last general election, and thereafter, some MPs of Pakatan Harapan’s coalition of four parties, or when PKR MPs/aduns left the party, the voters of the respective constituency felt betrayed.

“Voters voted for the BN candidate and against the PH, PAS or other candidates, and now, their MP jumps to join one of the PH component parties. Same applies for all party-hoppers – the ‘katak’.”

The motion questioned whether lawmakers still have the required support of the majority of registered voters in a particular constituency to remain the peoples’ representative of that constituency.

“It is unjust and a denial of people’s rights to allow any such representative to continue to be MP or state representative of the particular constituency, when in fact, he most likely no longer has the required mandate or support of his constituents, and their continued functioning (as a lawmaker) is a lie or a farce.”

The proposed laws also give voters the right to remove their MPs or state representatives by reason of loss of confidence.

Santiago told The Malaysian Insight current laws allow the vote to go to the individual.

“However, in practical reality, people, for the most part, vote according to party lines,” he said, adding that it is uncommon for independents to carry manifestos that make their stands clear to voters.

Santiago also did not spare his criticism of the recent change of government on February 29, caused by the defection of Muhyiddin Yassin and 29 other MPs who left Pakatan Harapan.

“The only reason people voted for him in Pagoh was because he was part of a coalition and his purported support of Buku Harapan (PH manifesto). What of the voters there now?”

“The big question is: is he still a valid representative?”

Twelve motions are set to be tabled at tomorrow’s AGM. Motions may, however, be elected to be withdrawn to shorten the AGM due to Covid-19 concerns.

Withdrawn motions can be tabled at another meeting at a later date. – March 13, 2020.