Constitutional controversy: heated Dewan sitting expected on Article 10 amendment

KUALA LUMPUR – The pushback from several federal lawmakers pertaining to the proposed constitutional amendment related to party-hopping promises for a heated sitting, as it is set for tabling in the Dewan Rakyat today.

The bill to amend Article 10 of the federal constitution – to make way for a standalone anti-party hopping law in the future – has already raised concerns among lawmakers and rights groups over its potential abuse.

Chiefly, they believe that the proposed amendment’s wide definition could potentially grant the government broad powers to implement provisions to remove elected representatives on a whim.

Among those who have expressed reservations over the bill in its current state is Pengerang MP Datuk Seri Azalina Othman Said, who warned that amending Article 10 alone, without strictly defined anti-party hopping laws, would be “too wide and dangerous”. 

The outspoken Umno lawmaker proposed that along with the aforementioned provision, an amendment should also be made to Article 48(6) of the constitution to avoid a potential constitutional crisis in the future.

The clause stipulates that an elected representative 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.

According to the proposed bill, the amendment seeks to grant the government power to introduce a federal law that can impose “restrictions on the right to form associations relating to membership in a political party of members of the House”.

PKR’s Permatang Pauh MP Nurul Izzah Anwar warned that the proposed amendment may end up granting perpetual powers to the government to strip elected representatives of their seats.

Fellow party member and Subang MP Wong Chen also pointed out that the enabling constitutional provision that will be debated in today’s special sitting is too wide.

“It empowers federal laws to supersede the federal constitution on matters related to ‘membership in a political party of MPs and assemblymen’. This needs to be tightened and narrowed to the context of anti-hopping only.”

If enough objections are raised, there is a possibility that the bill may be further amended before it is put up for voting to allow the government to garner the required two-thirds majority support of the lower House.

This is to avoid further embarrassment, after Parliament rejected a government motion to renew a provision under the Security Offences (Special Measures) Act 2012 (Sosma) just last month, and which could also call into question Prime Minister Datuk Seri Ismail Sabri Yaakob’s leadership.

The last time a constitutional amendment was rejected was in 2019, when the then Pakatan Harapan (PH) government lost its bid to restore the status of Sabah and Sarawak as equal partners with Peninsular Malaysia by 10 votes.

This time, PH, which accounts for 90 MPs, has said it will be supporting the amendment on anti-party hopping, and even set this as a key condition in signing the memorandum of understanding with the federal government last year.

PAS secretary-general Datuk Seri Takiyuddin Hassan has also said his party will be giving its full support.

The controversy surrounding the anti-party hopping law has been going on for weeks, with certain components of the federal government, particularly Bersatu, said to be against the tabling of a bill to introduce a specific law on the matter. 

This was why the cabinet was forced to again postpone the bill tabling, and instead focus on the constitutional amendment.

While the exact motivation behind Bersatu’s apprehension to the proposed law is uncertain, the political outfit currently appears to be made up largely of party-hoppers.

Depending on the attendance of MPs today, the government may need the support of at least 147 of the 220 lawmakers to back the constitutional amendment for it to be passed. – The Vibes, April 11, 2022