KUALA LUMPUR – One day was all it took for United States Senator Ted Cruz to return to Texas after he was lambasted for taking a vacation in sunny Mexico in the middle of a winter storm back home.
Therefore, it was no surprise when a Malaysian deputy minister was called out for spending more than a month in New Zealand with his family, when his home country was battling the Covid-19 pandemic.
Deputy Federal Territories Minister and Segamat MP Datuk Seri Edmund Santhara Kumar’s 55-day leave has not only raised eyebrows, but also begged the question: how long is too long for an elected representative to be away before he is deemed to have abandoned his constituency, and must be held accountable?
Several lawmakers told The Vibes this is cause for harsher punishment, and proposed amendments to the law to enable MPs who “abandon” their voters to be stripped of their status as the people’s representative.
Bayan Baru MP Sim Tze Tzin said there are no provisions to regulate the matter at present, and they should be included under electoral reforms.
The PKR strategic director said it is baffling for a parliamentarian to take such a long leave during this trying period.
“As MPs, we are busiest in December and January, because this is when children return to school.
“This year, it is further compounded by the Covid-19 situation and the subsequent ruling on home learning.
“The people voted for us expecting that we will help them during these difficult times.
“And, it is impossible to control the situation when you are away. You have to be physically there, and find a solution.
“So yes, I agree that amendments to the law are required to make them responsible.”
Kepong MP Lim Lip Eng of DAP echoed Sim’s sentiment, saying elected representatives should not leave their constituencies or government positions for long periods.
He called for provisions to make this an offence, and for such lawmakers to be disqualified.
Exceptions should be granted only to those with a valid reason to be away for an extended period, such as medical issues, he said.
“Just how long an elected representative can be away for needs to be debated and decided in Parliament.”
Amanah secretary-general Datuk Mohd Hatta Md Ramli said if such legislation is to be passed, there are a lot of grey areas that need to be addressed, including the acceptable reasons for a lawmaker to be away for a long time.
“What if they were arrested and held without trial, like under the Internal Security Act 1960 previously?
“We can’t propose that they lose their seats since they won’t be in their constituencies.”
Required amendments
Constitutional lawyer Lim Wei Jiet said for the status as lawmaker to be revoked, an amendment to Section 48(1) of the federal constitution is required, prescribing the conditions that will lead to a parliamentarian’s disqualification.
However, any such change will require a two-thirds majority in the Dewan Rakyat.
“On principle, I don’t see a problem with what the MPs are suggesting,” said Wei Jiet.
“But, Parliament will have to deliberate on the length of time before an MP is deemed to have abandoned his seat, as well as erase any ambiguity with regard to what constitutes ‘abandoning’.
“If a lawmaker visits his constituency just once a month, what does that mean?
“But in Santhara’s case, I think it is very clear. He can’t possibly serve Segamat from New Zealand.
“But on the breakdown of reasons, Parliament will really have to iron it out.
“I think it is doable.”
Under Section 48(1), an MP is disqualified if he is declared to be of unsound mind, is an undischarged bankrupt, holds an office of profit, fails to file a return of election expenses in time, and is convicted of an offence and sentenced to not less than one year in prison or fined not less than RM2,000.
Another reason for stripping a lawmaker of his parliamentary membership is if he has voluntarily acquired foreign citizenship or declared allegiance to another country. – The Vibes, March 4, 2021
