THE government’s proposed anti-party hopping bill will not be perfect and may not cover all permutations of a lawmaker leaving his or her party, but Pakatan Harapan (PH) sources say the coalition will support it, so long as it stops lawmakers from changing parties after elections.

Getting the bill approved is a matter of urgency as ruling parties press for an early election amid the opposition’s concerns that voters – already disillusioned with the last two years of never-ending drama on the political landscape – will not bother to vote, some sources added.

The bill is also a key clause in the Memorandum of Understanding (MOU) for political stability between the government and PH, and has been delayed several months as parties are unable to agree the wording of this critical piece of legislation.

“The government’s proposed bill is not perfect as it doesn’t include a recall mechanism but we are willing to support it if it can stop MPs or assemblymen from jumping ship wantonly,” one PH leader said.

He said the current situation, which allows MPs to swap parties on a whim, is no good to anyone.

“We are all losers when lawmakers swap parties or change alliances. Parties will lose governments, politicians will lose credibility and voters will give up on democracy,” he said.

Fears of voter apathy stems from the last three state elections in Malacca, Sarawak and Johor, which saw record low turnouts of 65.9%, 60.7% and 54.9%, respectively. 

In the 2018 general election, turnout averaged 82.32%.

Factors like the Covid-19 pandemic and strict standard operating procedures (SOP) also contributed to poor showings in recent state polls, but it was clear from media interviews with voters that many felt their vote no longer mattered after the Sheraton Move in 2020 and its consequences.

The PH government collapsed after PKR MPs led by Mohamed Azmin Ali and Bersatu inexplicably dropped out of the ruling coalition, siding with the then BN-led opposition. The reverberations passed through federal government to state level as, one-by-one, state governments changed hands.

Imperfect bill

The anti-party hopping bill is scheduled for tabling at a special Dewan Rakyat sitting on April 11, Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar told the house on the last day of the recent sitting on March 24.

However, on Saturday, he said that the cabinet – at its weekly meeting this Wednesday – had still had to approve the draft bill and thus decide whether to table it.

Last month, Umno sources told The Malaysian Insight their opposition to the bill in its current form was that it did not address situations involving a hung Parliament or state assembly.

Meanwhile, Pengerang MP Azalina Othman Said insisted there must be a mechanism for recall elections, which lets voters decide if a by-election should be held when their MP’s allegiance shifts.

In September last year, she tabled a private member’s bill for recall elections along these lines.

Separately, she also tabled a recall of members of parliament bill that spells out the procedures for a recall election to take place.

Such a mechanism would safeguard against making an elected rep face a recall election “unfairly”, especially if the lawmaker had been expelled from his or her party.

However, another PH source said the government’s bill is confined to constitutional amendments and will not have a separate recall election mechanism.

The source said that the government’s proposal involves amending article 10 the Federal Constitution, inserting a new article 49A and amending the eighth schedule.

In article 10, the proposed amendment will allow Parliament to extend the restriction to freedom of association to include political parties.

Currently, the right to freely form associations is open to all except when it involves labour unions or education.

In labour matters, for instance, workers who want to form trade unions are subject to the conditions stipulated under the Trades Union Act 1959.

Meanwhile, article 49A will be retitled Change Of A Member’s Political Party, to set the conditions when a Parliament seat can be vacated. 

In this proposed new article, an MP will have to vacate his or seat upon resignation or expulsion from his or her party.

The MP will also have to vacate the seat if he or she is elected as an independent then joins a party.

However, an MP will not be required to vacate the seat if his party has been dissolved, or if he resigns from the party upon election as Speaker or Deputy Speaker of the Dewan Rakyat. 

The new article 49A will also allow an MP who resigns under this article to seek re-election. Under article 48 (6), MPs are prevented from doing so for five years starting from the date of resignation.

Meanwhile, the proposed amendment to the Federal Constitution’s eighth schedule, would pertain to all of the above proposals for state assemblies. – April 4, 2022.