PUTRAJAYA should not impose the anti-party hopping law on state governments as it is not a “one-size-fits-all solution”, political scientist Wong Chin Huat said. 

Instead, the federal government should allow states to decide for themselves, to be more innovative when it comes to formulating new laws.

The notion that the federal government knows best is also an inaccurate presumption, he said. 

“The federal government should enable states to do what they want on their own anti-party hopping law, not impose it on them,” he said.

“Why do we need a one-size-fits-all solution? If we allow the states to chart their own path, we may learn something better. There may be competitions in systems. 

“We are testing an instrument on a more complex issue. We now have coalition hopping. In 1992 (the case of Nordin Salleh v Kelantan state government) it was only party-hopping. 

“With all these restrictions, limitations and complications, it is dangerous if the law is imposed on all states.”

Wong said if states were forced to follow the federal government, and if things go wrong, it would need a two-thirds majority to be amended. 

“If you force all the states to follow, and after the next election you find problems, you will need a two-thirds majority to amend the law.

“There will be no flexibility to the state. You’re putting all your eggs in one basket.” 

Last week, the Dewan Rakyat unanimously decided to refer the formulation of an anti-party hopping law to a special select committee following a more than seven-hour debate involving 59 lawmakers. 

De facto Law Minister Wan Junaidi Tuanku Jaafar said the government’s initial plan to amend only article 10(3a) of the Federal Constitution was insufficient to address party-hopping. 

Instead, the government had decided to form a bipartisan select committee to look into the bill. 

The committee is made up of Wan Junaidi, Azalina Othman Said (Pengerang-BN), Mohamed Nazri Abdul Aziz (Padang Rengas-BN), Hamzah Zainuddin (Larut-PN), Takiyuddin Hassan (Kota Baru-PAS), Lukanisman Awang Sauni (Sibuti-GPS), Gobind Singh Deo (Puchong-PH), Mohamed Hanipa Maidin (Sepang-PH), Saifuddin Nasution Ismail (Kulim-Bandar Baharu-PH), Wilfred Madius Tangau (Tuaran-PH) and Darell Leiking (Penampang-Warisan). 

A new bill is expected to be tabled in July. 

Among issues brought up with regard to the initial bill was the definition of party-hopping as well as repealing article 48(6) and ouster clause section 18c of the Societies Act 1966. 

Suggestions were also made so that independents are exempted from the anti-party hopping law as they won on their own merit. 

Lawmakers also asked the committee look into hung parliament situations and issues such as parties leaving a coalition (for instance Bersatu leaving Pakatan Harapan, causing the collapse of the PH government in 2020). 

Another suggestion was for the government to ensure a fair and equal distribution of constituency funds for all MPs, regardless of affiliation, to remove one reason for party-hopping. – April 18, 2022.