AFTER months of delay, the government informed MPs yesterday that it will amend article 10 to let federal law restrict elected MPs and state assemblymen from party-hopping. 

While the amendment does not prohibit lawmakers from changing parties immediately, the government said the amendment will allow it to table a more substantive standalone act to govern party-hopping.

Prior to this, sources told The Malaysian Insight that the government had planned to insert articles 10(3a) and 49(A) and amend the eighth schedule in its third constitutional amendment since Ismail Sabri Yaakob became prime minister last August.

While article 10(3a) is aimed at setting the course to stop party-hopping, article 49(A) and the eighth schedule amendments would spell out some of the conditions for how a Parliament and state assembly seat would be vacated if an MP quits or is sacked by their parties. 

Although article 49(A) does not cover all the situations that could cause a MP to leave his political party, it nevertheless would stop those changing parties at will as seen in the “Sheraton move” and the subsequent fall of state governments in Kedah, Perak, Johor, Sabah and Malacca. 

Opposition to article 49(A) from Ismail’s own political partners has forced the government to drop this and limit their amendment bill to just article 10(3a). 

This was to be expected as half (25) of Perikatan Nasional’s (PN) 50 MPs are party hoppers. Fifteen of the 25 are those who won on Barisan Nasional tickets in 2018 while another 10 are from PKR. 

Although less than ideal, tomorrow’s amendment will placate them. 

This is reflected in PN, PAS and Gabungan Parti Sarawak’s statements of their support for tomorrow’s amendment bill. 

But more than paving the way for a standalone anti-party-hopping law at a later date, tomorrow’s amendment will give Ismail the breathing space he needs from Umno’s top leaders for a quick general election this year and allow him to keep the memorandum of understanding (MOU) he has signed with Pakatan Harapan (PH).

“Definitely!” said Universiti Utara Malaysia’s Dr Kamarul Zaman Yusoff.

“The passing of this amendment will mean that Ismail has achieved one more thing that the Umno Supreme Council had asked of him after he was made prime minister.”

On top of that, Kamarul said the “enabling” amendment will form the basis for an anti-party-hopping law.

“No one opposes amending article 10 as opposing it means you oppose anti-party hopping altogether. 

“What some segments, especially PN, oppose is on the details of what constitutes party hopping,” said the political science lecturer.

Easing the pressure

International Islamic University of Malaysia’s Dr Tunku Mohar Tunku Mohd Mokhtar believes the compromise will help Ismail get the needed 148 votes to pass the amendment.

“I think the watered-down version of the amendment bill looks decent, and needed for a more specific law on anti-party hopping. Since it is not so sensitive, it is probable that the amendment will be passed. 

The real challenge is whether such a law will ever be presented in Parliament.”

The support, said Tunku Mohar, must not be misconstrued as support for Ismail.

“After the Malacca and Johor elections, Umno at least openly said it would establish an anti-party-hopping law.

“However, its support for the bill does not mean its support for Ismail’s leadership,”

The political science lecturer said the bill is also a win for PH, which has been mocked by Warisan for signing a MOU with Ismail.

“This will at least satisfy their critics who accuse them of selling out with an MOU.

“Like it or not, the MOU has stabilised the political situation and forced the government to amend the constitution to restore Sabah and Sarawak’s positions and now set the scene for a proper anti party-hopping law,” said Tunku Mohar. 

Dewan Rakyat will have a special sitting tomorrow to table and debate the fourth constitutional amendment since 2018.

The first constitutional amendment, which was passed under the PH government, is to lower the voting age and candidates’ age to 18 in 2019 while the second is to restore the positions of Sabah and Sarawak last year.

The third constitutional amendment, which was passed last month, is to allow members of the royal families to be removed from the electoral roll.

On its own, tomorrow’s amendment bill is not ideal. But more importantly, it’s an amendment that satisfies almost everyone. – April 10, 2022.