KUALA LUMPUR – Bersih 2.0 has launched a report that proposes the implementation of a recall procedure law (RPL) at the state level, aimed at addressing the issue of party-hopping that has plagued the country for decades.
Bersih said the proposed law would return the mandate to voters by allowing them to propose a petition to either keep or sack an elected representative who has defected in between general elections either for personal gain or due to a disagreement with the party leadership.
The report, titled “A Case for State-Level Recall Procedure Law to Remedy Party-Hopping in Malaysia”, details how the RPL does not immediately remove the defected representative, but instead triggers the petition to be signed by constituents.
The research report was commissioned by Bersih from political scientist Wong Chin Huat.
Bersih also proposed a set of restricted triggers or grounds so that this law cannot be abused. They include:
– if the state rep resigns or is expelled from a party, unless to assume the office of a speaker;
– if the rep was elected as an independent and subsequently joins a political party;
– If the rep is convicted of a non-compoundable offence after being elected, except those falling under the Sedition Act 1948, the Printing Presses and Publications Act 1984, Sections 211 and 233 of the Communications and Multimedia Act 1998 and the Peaceful Assembly Act 2012, or is imprisoned for a compoundable offence; and
– if the rep has been absent from the sittings of the legislative assembly for 50% of the sitting days for a consecutive period of six months.
According to Bersih, the process will start with a recall proposal, which must be headed by a lead proponent and undersigned by a minimum of 1% of electors in the constituency.
“If this succeeds, a petition will call for signatures requiring a threshold of 40% of constituents or half the constituency’s turnout rate at the last elections, whichever is lower,” it said in a statement yesterday.
“If the threshold is met, then the seat is declared vacant and a by-election will be held as in the case of any other casual vacancy.”
Bersih also said the recall process should be administered by a three-person “recall board”, nominated by the chief minister and appointed by the state assembly.
“The board members cannot be politicians and must be gender-representative,” said Bersih, adding that the entire procedure should not take more than 80 days.
‘RPL better than anti-hopping law’
Among the benefits of the RPL, Bersih said, is that it will return the mandate to voters to decide instead of waiting until the next general election.
“Secondly, the RPL is constitutional unlike an anti-hopping law, and does not restrict an elected representative’s freedom of association.
“Third, the elected representatives can exercise this freedom on policy issues and participate in backbench revolt or cross the floor as they see fit, balanced with their constituents’ approval,” Bersih added.
Meanwhile, at the report launch in a Facebook Live session yesterday, Bersih chairman Thomas Fann said this initiative is part of the group’s effort to look at areas of weaknesses in our election process, one of which allows politicians to jump parties.
“Party-hopping is a major issue. It has become a new normal in our political culture.
“We hope lawmakers will look at all our suggestions, and also look at how other countries do their elections,” he said.
PKR’s Bukit Batu assemblyman Jimmy Puah voiced his support for the initiative. He said it should be done as soon as possible, adding that Johor Pakatan Harapan (PH) supports it.
“Although we do not have the majority, but with support from the other side, we have no issues with this campaign.
“If Bersih can provide logistics and technical support, PH is prepared to discuss and take it to the state assembly,” he said. – The Vibes, July 30, 2021
