ELECTION watchdog Bersih has recommended that the anti-party hopping recall law (AHRL) be enacted to empower voters a chance to determine if a seat should be vacated or not.

Its steering committee said a recall petition was the best remedy for the problem of party-hopping in the first-past-the-post system as it can both hold elected representatives accountable and allow the party system to evolve and stabilise.

“At the heart of democracy is the choice of voters who elected their representative to represent their aspirations.

“An elected representative is accountable to his/her constituents,” it said in its written submission to the Parliament Special Select Committee (PSSC) on constitutional amendments to restrict party hopping.

“A post-election change in affiliation by the elected representative must be affirmed by the same electorate who chose him/her and not a unilateral decision by the MP,” it added.

Bersih also proposed that a recall petition be enshrined in the Federal Constitution while the anti-party hopping bill is introduced as a separate law in Parliament. Each state assembly may then choose its preferred AHL mechanism.

For AHL to take effect, Bersih said further amendments to the Federal Constitution are required.

“Article 48(6) must be abolished to allow an MP to resign his seat in dissent and recontest the same seat. Article 54(1) should be amended to allow the filling of vacant seats to be vacant even after the House has sat for three years.”

Other suggestions included maintaining the PM as interim PM in the event of a possible government collapse due to the sacking or defection of MPs, until the matter is resolved via by-elections and a Confirmatory Vote of Confidence (CVC).

“If the PM loses the majority, a Constructive Vote of No-Confidence (CVNC) should also be held to ensure there is a replacement candidate available before the incumbent is removed.”

Besides that, Bersih also suggested extending the PSSC’s term to other party-hopping factors such as the unequal Constituency Development Fund (CDF), GLC appointments, and selective investigation by agencies like Malaysian Anti-Corruption Commission and the Inland Revenue Board, and perceived selective prosecution by the attorney-general.

Earlier today, at an anti-party hopping law conference held at Wisma Badan Peguam Malaysia, DAP deputy chairman Gobind Singh Deo said that due to time constraints, the drafting of the anti-party hopping laws needs to be split into stages, with the first being a straightforward law.

The Puchong MP said in the interest of time, regulations governing MPs who leave their party for another or become independent after winning elections must first be enacted, as establishing recall election processes may cause delays.

“Do it in two stages. First (enact the law) on ‘clear-cut’ party-hopping, then (look at) the recall election procedures,” he said.

“The best way is to include it all in the anti-party hopping bill so that only one constitutional amendment is needed.

“However, the question is whether we can do it in time,” he said, adding that recall election procedures cover a vast area.

Individual party-hopping and where parties enter or exit coalitions, he said, should be addressed first before the next general election. – May 9, 2022.