THE constitutional amendments to prohibit Members of Parliament (MPs) from switching parties should be enforced immediately, the Coalition for Clean and Fair Elections, better known as Bersih, said.  

The election watchdog questioned the delay despite the much-anticipated amendments being gazetted earlier this month. Minister in the Prime Minister’s Department Dr Wan Junaidi Tuanku Jaafar had selected mid-September as the possible time for enforcement of the law.  

“Bersih urges the Prime Minister to advise the Yang Di-Pertuan Agong (YDPA) to put into effect the anti-party hopping constitutional amendments without any further delay,” it said in a statement today.  

“Initially Minister in the Prime Minister’s Department Dr Wan Junaidi had declared that it would be enforced latest by mid-September.  

“However more recently, it was announced that the date on which it would come into effect would be announced later by the YDPA. 

“Bersih is curious as to why the enforcement of this amendment is being delayed. It was passed unanimously by both Houses of Parliament,” it added.  

On July 28, 209 lawmakers in the Dewan Rakyat voted for the bill with 11 absent. There were no opposing MPs. 

Later, Dewan Negara also passed the Constitution (Amendment) Bill (No. 3) on anti-party hopping by MPs with a more than two-thirds majority, after obtaining the support of 52 out of 60 senators in two rounds of bloc voting. 

Bersih said that as the upcoming general election (GE15) looms, it is imperative that the law comes into force so that voters can vote with peace of mind that their choice will not be invalidated due to post-election defections by elected MPs.  

Under this amendment, if any MP changes party, their parliamentary seat will be automatically vacated and a by-election will be called unless it is less than 2 years before the parliamentary term ends, then no by-election will be called to fill the vacancy. 

Bersih said that if there were concerns with the acceptance of this law at state level—which would require the consent of the Ruler or the Yang di-Pertua Negeri—then it would suggest that the whole amendment—except for the part related to the Eighth Schedule to the Federal Constitution—come into force first.  

“This is explicitly allowed under sections 1(2) and (3) of this amendment.  

“There is no reason to delay the enforcement of the national consensus, which has been shown in the parliamentary voting, at the federal level,” it said.  

Bersih is hoping that the amendment to the law will encourage a good voter turnout, which it said is essential in a democracy for any elected government to have a strong and legitimate mandate to govern for the next five years – September 21, 2022.