AFTER a long wait, the Constitution (Amendment) Bill (No. 3) 2022 finally came to light again.

It has been quite a debate since March when the anti-party hopping bill was first introduced. The bill’s introduction is a commendable act passed by the Dewan Rakyat.

As such, this newer version of the constitution amendment gives a stricter approach to the MPs in switching parties.

The proposed amendment was made under article 49(a) and section 7A of the eighth schedule of the Federal Constitution. Where the MPs will lose their seats if they quit a party or cease being a member of their political party, this includes MPs who were elected independently who join another party.

However, the MPs will not lose their seats if they have been sacked by their parties.

Nevertheless, the bill’s explanatory statement states that MPs will not lose their seats if their entire party exits a coalition to join or form another coalition. This explanation does leave a loophole.

This has its possibility of exploitation that allows the coalition hopping to take place.

This is because a government is formed by the majority of seats they secure, and if one party were to join another party, this would once again defeat the very purpose of enacting the anti-hopping law.

In addition to that, there is also the amendment of the five-year ban removal from their seats, under article 48(6) of the Federal Constitution.

Having said that, MP who have been removed are allowed to contest the by-election, under this new amendment.

This is known as the recall election model. The recall election model is a mechanism that is used by the electoral representative, in which the mandate is given back to the people and chosen by the people again to whom they want their representative to be.

This is recognised by the law, and this is a fair approach to uphold the people’s mandate.

However, such amendments only affect MPs at the federal level and there is yet a synchronised law that prevents party hopping at the state level, as alluded to by Pengerang MP Azalina Othman Said.

Thus, the main introduction of this anti-party hopping bill is to bring back the people’s faith in the electoral system and amending the constitution is the very first step.

This bill also serves as a deterrence. Even though it is far from the best, since no electoral system provides the most comprehensive solution, it comes by working towards bringing the best. But most importantly, to restore what has been lost.

Perhaps, there is hope! – July 30, 2022.

* Matilda George reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.