‘Dangerous’ to amend Article 10 without definitive anti-party hopping law: Azalina

KUALA LUMPUR – Pengerang MP Datuk Seri Azalina Othman Said has warned against only amending Article 10 of the federal constitution, just a day before the parliamentary special sitting tomorrow.

She said in a tweet that amending Article 10 without strictly defined anti-party hopping laws would be “too wide and dangerous”.

She also cautioned that such laws could later be challenged on constitutional grounds, instead suggesting to amend Article 48(6) as well to avoid potential constitutional crisis in the future.

Article 10 states (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; and (c) all citizens have the right to form associations.

Clause (6) Article 48 stipulates that an MP or state assemblyman who resigned shall be disqualified from contesting as a member of the House of Representatives for a period of five years effective from the date of resignation.

Following this, she also reiterated this morning her support for recall elections.

“RECALL is the best remedy. Voters will decide if the elected rep stays or go (sic). Empower voters, NOT Political Parties .NOT Gov. That’s REAL DEMOCRACY!”

RECALL is the best remedy. Voters will decide if the elected rep stays or go. Empower voters, NOT Political Parties .NOT Gov. That’s REAL DEMOCRACY!

— Azalina Othman Said (@AzalinaOthmanS) April 10, 2022

Last month, she said again in a statement that she would like to see the “implementation of a recall law as a better remedy system, as a further refinement to the presently deliberated anti-hopping law”.

The legislation, she added, would allow voters to withdraw their mandate to elected representatives who have turned their backs on them.

On Friday, Subang MP Wong Chen shared on his Facebook page the bill that was given to the steering committee of the memorandum of understanding between Pakatan Harapan (PH) and the government.

He highlighted that the enabling constitutional provision that will be debated on Monday is too wide. 

“Essentially, it empowers federal laws to supersede the federal constitution on matters related to membership in a political party of MPs and Aduns (state assemblymen). This needs to be tightened and narrowed to the context of anti-hopping only.”

If passed tomorrow, Article 10 will see an added clause that political party membership of MPs and state reps will be subject to federal legislation. 

“(3A) Notwithstanding paragraph (c) of Clause (2) and Clause (3), restrictions on the right to form associations conferred by paragraph (c) of Clause (1) relating to membership in a political party of members of the House of Representatives and members of the State Legislative Assembly may also be imposed by federal law.”

The anti-party hopping legislation has seen some resistance, particularly from Bersatu, sources said.

Several lawmakers from both sides spoke to The Vibes and said they are aware of the opposition to the bill from within the government. 

Sources also claimed that Bersatu’s view on the matter was brought up in last Wednesday’s cabinet meeting.

Barisan Nasional and PH said they are in support of the anti-party hopping bill, while others are wary to issue support before going through the draft.

This might be among the considerations given as to why the government decided to postpone the tabling of the bill, with law minister Datuk Seri Wan Junaidi Tuanku Jaafar saying further studies will be conducted on what defines “party-hopping”. – The Vibes, April 10, 2022