Bersih rejects rush to introduce anti-party hopping law


Bersih is concerned that the government may be rushing anti-party hopping legislation to satisfy short-term goals and whitewashing the basic right to freedom of association. – The Malaysian Insight file pic, April 10, 2022.

ELECTORAL watchdog Bersih said it opposes attempts to rush amending article 10 of the Federal Constitution to tomorrow to restrict party hopping.

Instead of the amendment to restrict the freedom of association for political party members, Bersih suggested the introduction of a limited anti-party hopping bill that excludes expulsion from a party from the definition of party hopping.

Bersih suggested changes to the proposed amendment to article 10. The group said a new article should be added to define party hopping, but also state that expulsion from a party is not part of this definition.

The government is set to table the proposed amendment in a special parliamentary sitting tomorrow.

While the revision does not prohibit lawmakers from changing parties immediately, the government said it will allow the tabling of a more substantive stand-alone bill to govern party-hopping.

Critics have slammed this proposed amendment, saying it gives the government too much power to control political parties, while failing to specifically address the problem of party-hopping.

Bersih said the proposed amendment affected everyone’s fundamental liberty to freedom of association, not just that of politicians with itchy feet.

“While it is undeniable that there is a need to legislate against rampant party-hopping, we cannot enact poor laws, which have the potential to undermine fundamental liberties and dismantle constitutional protection of healthy inter-party competition, and necessary checks and balances in a democracy.

“While anti-party hopping laws should be enacted before the next general election, they do not and should not be enacted in a rush, simply to satisfy the political bargains between today’s parties,” the group said in a statement.

Bersih also said that by removing expulsion from a party from the definition of party-hopping, it would indeed weaken the power of anti-party hopping legislation, because a lawmaker would not resign from a party but would instead wait to be expelled.

“To avoid blind spots in drafting, we urge the government and the MOU steering committee to promise transparency in the process, that drafts and engagements are made public with reasonable time given for public discussion and feedback,” Bersih said. – April 10, 2022.


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