THE latest version of a proposed constitutional amendment to precede the anti-party hopping law is dangerous as it gives the government power to “control” political parties, lawyer New Sin Yew said.

The proposed amendment to article 10 of the Federal Constitution, which touches on freedom of association, will be tabled this Monday at a special Dewan Rakyat sitting.

It proposes including a new clause, 3(A), to enable the future enactment of laws banning elected representatives in Parliament and the state assembly from switching allegiances.

But New, a constitutional lawyer, said it does not stop hopping and allows the government to abuse its power to control political parties.

The proposed clause states that restrictions on the right of MPs and state assemblymen to form associations “may also be imposed by federal law”.

New said the effect of this “is that it allows laws to be made to control the membership of MP/Adun in political parties”. 

“For example, hypothetically a law can be passed to expel MPs from their political party for being fined RM1k.

“Another example is, a law could be also be passed to impose other types of conditions like causing MPs who have been arrested for national security grounds to lose their membership in political parties (think Operasi Lalang). Or being charged in court (so many MPs),” he said in a series of tweets.

“In essence, the proposed amendments will cause MP/Adun to lose their freedom of association when it comes to their membership in political parties. This is extremely dangerous because the (government) can have greater control over political parties.”

“Enabling (anti-party hopping) laws is just an excuse,” New added.

The new proposal to amend article 10 only removes two other earlier proposed amendments.

The earlier version of the constitutional amendments, which The Malaysian Insight obtained previously, included a new article, 49(A), on the conditions when a Parliament seat is deemed vacated, automatically triggering a by-election.

https://www.themalaysianinsight.com/s/375097

In the proposed 49(A), an MP will have to vacate his or seat upon resignation or expulsion from his or her party. The lawmaker will also have to vacate the seat if he or she is elected as an independent then joins a party.

Article 49(A) would also have allowed 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.

The other earlier proposed amendment was to the Federal Constitution’s eighth schedule, which would have enabled state assemblies to enact their own anti-party hopping laws.

The formulation of an anti-party hopping bill has been fraught with disagreement over the definition of party-hopping and recall mechanisms (giving voters the right to determine if an election is needed) 

Following a leak of the latest proposed constitutional amendment to only article 10, Perikatan Nasional and PAS have stated that they will support it when it is tabled in Parliament. 

A constitutional amendment would require votes from two-thirds of MPs in order for it to pass.

Some Pakatan Harapan MPs, however, are disagreeing with this latest version.

Permatang Pauh MP Nurul Izzah Anwar on Twitter called for a rethink, echoing lawyer New’s view that the current wording of article 10’s amendment gives the federal government too much power.

Subang MP Wong Chen also said on social media that the amendment was “too wide, besides allowing federal law to supersede the Federal Constitution.” – April 9, 2022.