PARTY-HOPPING is not a new thing in Malaysian politics. Despite the enthusiasm of the elected representatives to defect, this culture has caused frustration and feelings of betrayal as their mandates were given by the people.

After decades of Malaysian political development, there is still no cure to this disease of party-hopping, much like there is still no cure for Covid-19.

At the federal level, the anti-hopping law still fails to be enacted because it is alleged to be in conflict with Article 10 (1) (c) of the federal constitution, which gives the right to freedom of association. In my opinion, enacting this Anti-Hopping law does not conflict with the federal constitution because Article 10 (2) (c) provides for Parliament to make laws to restrict the freedom of association if it deems it necessary for national security, public order and moral principles.

But the cure for the disease of party-hopping still failed to be found because there is no political will in the government. Is there no alternative to cure party-hopping?

Party-based election system

On June 22, 2020, Padang Rengas MP Mohamed Nazri Aziz proposed to amend the Election Commission Act to implement a party-based electoral system during the debate on the king’s speech in Dewan Rakyat, which will resolve the issue of party-hopping.

There are two grounds put forward amending the law. First, using party symbols instead of the candidate during an election will maintain political stability and protect people’s mandate. This is because the winning party can nominate MPs in the constituency.

Second, this method may prevent elected representatives from selling their seats for personal gain and avoid issues of integrity. Corruption arises when MPs are offered to jump, especially when the government is about to fall.

This system will strengthen the party’s role in Malaysia’s parliamentary democracy. It is also a recognition to political parties that have provided a platform for elected representatives when contesting general elections.

However, this system will give broad powers to the party to choose elected representatives. It will also create a gap of misunderstanding between the people and the party as appointments based on the party do not necessarily reflect the aspirations of the voters of the actual constituency.

If this system is implemented, space for elected representatives to vote according to their own position in Parliament will be controlled by the party. Decisions based on parties in Parliament have shortcomings as they are unlikely to give a true picture of what is going on in the public space.

It also reduces the effectiveness of checks and balances in Parliament, especially among government backbenchers. When all backbenchers have to vote in the direction of the ruling party, then the cabinet enjoys comfortable support in Parliament, which creates room for executive domination.

This means the proposal needs to be studied by the authorities, but it can very well solve issues of party-hopping and create national political stability.

Safeguarding the mandate of the people

The main purpose of the electoral system based on political parties is very important to understand, which is to build public confidence in the integrity of the electoral system and raise the representation of political parties in parliament as democratically elected by the people.

Compared to the outdated proposals of the past two decades to formulate an anti-hopping law, the party-based electoral system can be an antidote in treating the party’s current leprosy.

This is an alternative antidote that is able to protect the people’s mandate from being hurt by hurried and unprincipled elected representatives.

It should also be clarified that by-elections are still required if the eligibility of the elected representative is revoked for committing a crime based on Article 48 (1) (e) of the federal constitution or the elected representative dies.

If the elected representative has been fired by the party, then the elected representative will have to vacate the seat and the party will have to elect a new representative. This situation once happened in New Zealand when Awatere Huata, an ACT party representative was ordered to vacate a parliamentary seat after being ousted by the party. The New Zealand Supreme Court ruled that this action was valid under the provisions of the Elections (Integrity) Act.

This means there is no independent representative in Parliament, unless the individual is contesting the election without representing any party. Independent elected representatives who want to join political parties after the election also need to vacate their seats. However, these independent elected representatives should be allowed to contest in the by-election or the next election in a fair and equitable manner. Amendments should be made to Article 48 (6) of the federal constitution to allow such elected representatives to contest.

It would be better if the proposed election system based on the party and the amendments to the law are studied in more depth by the Special Election Committee. Similarly, some  amendments to the federal constitution need to be made by the government and Parliament to realise this proposal effectively.

In principle, the election system based on this party will make a significant change to the Malaysian political environment. All leaders of political parties in Malaysia need to consider and agree with this proposal in order to create a mature, stable political environment, and respect for the mandate of the people. – July 30, 2020.

* Fakhrurrazi Rashid is Refsa research coordinator.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.